The New Jersey Senate has approved a measure urging a state judge to reject a controversial proposed settlement in environmental litigation with ExxonMobil over the Bayway Refinery, but not before debating whether voting for or against the measure posed an ethics issue for lawyer-legislators or compromised the judiciary's independence.
Jason Gottlieb and Michael Mix of Curtis, Mallet-Prevost, Colt & Mosle review guidance on arbitrator challenge procedures and standards, explore whether there is any way for challenge decisions to be made available to the public, and discuss potential abuses of the arbitration selection process.
In this Special Report from the New York Law Journal: "Evaluating the Advantages and Drawbacks of Emergency Arbitrators," "Take a Realistic Approach to Settlement Strategy and Mediation'," "'Second Circuit Makes It Easier to Avoid FINRA Arbitration" and "Arbitrator Challenges: Balancing Flexibility, Confidentiality and Efficiency."
Chad B. Holtzman, Ruth E. Harlow and Brian A. Berkley
Chad B. Holtzman, Ruth E. Harlow and Brian A. Berkley of Pepper Hamilton discuss broker-dealers' efforts to avoid otherwise mandatory arbitration before FINRA, and analyze a recent decision weighing in on the side of broker-dealers.
Mark E. Segall, a mediator and arbitrator with JAMS, explores how parties should evaluate litigation opportunity and risk, and how mediation should be conducted to maximize the chances that an acceptable settlement will be achieved.
Edna Sussman of SussmanADR and Alexandra Dosman of the New York International Arbitration Center write: A review of information from the arbitral institutions reveals that parties are, in fact, using emergency arbitrator mechanisms, and that in certain circumstances the use of emergency mechanisms within the arbitral system will be preferable to going to a national court for interim relief.
Although a divorcing lesbian couple couched their arguments on standing entirely in New York statutory and common law, a Family Court judge applied California law, where they had lived when their children were born, concluding that the non-biological mother has standing to seek custody and visitation.