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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Samuel Estreicher and Holly H. Weiss | March 16, 2018
In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.
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By Robin Hensley, Raising the Bar | March 16, 2018
Construction litigator Keith Lichtman built a healthy practice helping clients address disputes, then he followed his passion and launched a mediation practice, too.
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By Michael Booth | March 14, 2018
A New Jersey appeals court ruled Wednesday that, absent specific contractual language, in-person arbitration cannot be compelled.
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By Robert Storace | March 1, 2018
Known as the godfather and pioneer of ADR, Frank Sander was generous with sharing his extensive knowledge on the topic with others. He died recently at age 90.
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By Robert Storace | March 1, 2018
Known as the godfather and pioneer of ADR, Frank Sander was generous with sharing his extensive knowledge on the topic with others. He died recently at age 90.
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By John Council | February 26, 2018
In an 8-0 decision, the Texas Supreme Court ruled that a payday lender did not waive civil litigation arbitration agreements it had with customers…
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By Law Journal Editorial Board | February 26, 2018
This is a fraught effort. It is difficult to discern ways to avoid FAA preemption in the employment context. Two less problematic employee-protective scenarios exist, though.
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By New Jersey State Bar Association | February 26, 2018
The Dispute Resolution Section presents the Boskey Award annually to a practitioner in recognition of achievements in the development and practice of ADR in New Jersey.
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By Peter B. "Bo" Rutledge and Amanda W. Newton | February 22, 2018
The upcoming Supreme Court case could recalibrate the balance between discovery and comity that informs discovery disputes in a variety of international civil litigation.
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By Michael Booth | February 20, 2018
"We hold that a motion seeking reconsideration for an order denying or granting a motion to enforce an arbitration agreement is not an interlocutory order," a New Jersey appeals court has ruled.
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