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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 Jenna Greene | February 13, 2018
A California family sued Starbucks for selling “dangerous, defective, contaminated, tainted, spoiled and unsafe beverages.” But their lawyer might want to think twice before taking this one to a jury.
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By Charles F. Forer | February 12, 2018
The United States Arbitration Act establishes by statute the desirability of arbitration as an alternative to the complications of litigation.
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By Nikolas S. Komyati and Jordan J. Levine | February 10, 2018
A recent Third Circuit opinion held that the transfer of assets by a foreign subsidiary of a debtor was not a fraudulent transfer under the Delaware Uniform Transfer Act.
1 minute read
By Joshua Gold and Peter A. Halprin | February 9, 2018
A recent English decision, 'Allianz Insurance PLC v. Sirius International Insurance Corporation', illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.
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By Thomas O'Connor and Wyatt Jansen | February 8, 2018
The practitioner who simply assumes that Connecticut's default statutes of limitation will apply in arbitral proceedings has erred, and the consequences can be significant.
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By Diane Welsh and Jerry Roscoe | February 8, 2018
In the past year, each of us performed a damages allocation arising from a horrific accident—the May 2015 derailment of Amtrak Train 188 in Philadelphia, a crash that killed eight and seriously injured 200 people, and the June 2013 collapse of the Salvation Army Thrift Store in Center City, which killed seven and severely injured 12.
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By Paul E. Knag | February 8, 2018
Litigation is an expensive and time-consuming way to resolve disputes. Fundamentally, these factors are often why so many litigation matters end with settlements.
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By Harry N. Mazadoorian | February 8, 2018
Arbitration has been around a long time, with records indicating that it was a mainstay of the Connecticut legal structure as early as the 17th century.
1 minute read
By Mark Dubois | February 8, 2018
The development of ADR has some lawyers and judges worried that moving disputes from the courtroom to the conference room may weaken our system of justice.
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By Robert B. Davidson and Cliff Bloomfield | February 7, 2018
It is submitted that an applicant for interim or emergency relief should only be required to establish that immediate loss or damage will result if relief is not granted, that it has an arguable case on the merits and that the equities are balanced in its favor. “Irreparable harm” and “likelihood of success” should not be an arbitrator's guiding star.
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