New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | August 15, 2024
"In this edition of the No-Fault Wrap-Up, we discuss several recent court decisions concerning no-fault arbitration awards," write David M. Barshay and Steven J. Neuwirth.
By Shira A. Scheindlin | August 14, 2024
Judge Shira Scheindlin uses the recent case 'Wallrich v. Samsung' to illustrate the significant financial issues surrounding arbitration fees for mass claims.
New York Law Journal | Commentary
By J.P. Duffy | August 5, 2024
This article describes the expert determination process under New York law, offers suggestions as to when it can be an appropriate dispute resolution mechanism, and provides tips on drafting expert determination agreements.
New York Law Journal | Commentary
By Jeffrey A. Margolis | August 5, 2024
Commercial leasing disputes can be complex and costly, often involving significant financial stakes and long-term relationships. Mediation offers an effective alternative to litigation, providing a more collaborative and less adversarial approach to resolving these disputes.
New York Law Journal | Commentary
By Leslie Berkoff | August 5, 2024
The potential exponential costs that can result in having to defend hundreds, if not thousands, of claims can at times force respondents to settle claims that otherwise may be lacking in merit in order to avoid the costs of having to defend them.
New York Law Journal | Commentary
By Monica Delgado and Jonathan Harris | August 5, 2024
Mediation represents a pivotal juncture in any legal dispute, where parties have an opportunity to transition from adversarial posturing to problem-solving.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 24, 2024
The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.
By Anthony Michael Sabino | July 22, 2024
A discussion of 'Bissonnette v. LePage Bakeries,' where the Supreme Court unanimously reversed the U. S. Court of Appeals for the Second Circuit, finding that the plaintiffs, while indeed purveyors of bakery products, nevertheless qualified as transportation workers, and were therefore exempt from arbitrating their claims.
New York Law Journal | Expert Opinion
By Victoria Corder, Sean Topping and Frank Joranko | June 24, 2024
When a party moves to compel arbitration, the first question for a court is: has arbitrability been delegated to the arbitrator? The U.S. Supreme Court recently clarified the scope of such delegation provisions in Coinbase v. Suski, discussed below.
New York Law Journal | Analysis
By Marsha L. Steinhardt | June 14, 2024
In this article, Marsha L. Steinhardt makes a case for why mediation would be a great option specifically for medical malpractice cases, highlighting some key examples of its benefits.
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