Discussion of Removal Issues Arising From Arbitration Cases
The Legal Intelligencer
Friday, April 12, 2013
Compulsory arbitration cases historically posed problems for diverse defendants seeking to remove a personal injury case to federal court.
Using Early Case Assessment as a Tool for Triaging Disputes
The Legal Intelligencer
Friday, March 29, 2013
When a dispute first surfaces, the extent of the risk to an organization and the level of resources required to resolve it may not be readily apparent.
Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?
The Legal Intelligencer
Tuesday, March 12, 2013
Bob has had it with adversaries who act in bad faith in court-ordered mediation and get away with it. Last week, Bob and his client went to a court-ordered mediation session. Bob's client, the plaintiff in a commercial dispute, sought seven-figure damages arising out of the defendant's "shocking" and "ill-considered" breach of contract.
What Neuroscience Can Teach Legal Professionals About Settlement Negotiations
The Legal Intelligencer
Wednesday, March 6, 2013
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
Seven Things a Civil Trial Attorney Learned While Serving as a Juror
The Legal Intelligencer
Monday, March 4, 2013
Recently, I was selected to serve as juror in a criminal case. Despite my surprise and initial trepidation (I had work waiting for me back at the office), serving as a juror proved to be a terrific learning experience. While serving as a juror in a criminal case, this civil trial attorney learned, from how I felt as well as through my observations of the other jurors, the following seven important things about trying a case that I may not have otherwise appreciated.
Pennsylvania Damages Law: Disregard of Economic Principles
The Legal Intelligencer
Tuesday, February 26, 2013
In Helpin v. Trustees of the University of Pennsylvania, the Pennsylvania Supreme Court continued its disregard of economic/financial principles and decades of economic data.
