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Avoiding Disputes Over Who Decides Arbitrability in New Jersey
What happens when the other side in a dispute challenges the applicability of the underlying contract that contains an arbitration provision? Is it for the arbitrator or the court to decide the provision's applicability?
Settlements Abound as Few Look to 'Test the Waters' on Force Majeure Litigation
"I'm seeing that, in general, resorting to the courts for relief of obligations is not working very well. I don't anticipate that it will," said attorney Scott Lippert.
Class Suit Targets Warranty Repairs for Recalled Fiat Chrysler Vehicles
This suit was surfaced by Law.com Radar. Read the complaint here.
When Do Franchisee Actions Justify Termination? Can the Violations Be Cured?
A look at the standard for termination or non-renewal of a franchise agreement; whether a franchisee can preempt same by curing any identified violations; and best practices a franchisor should implement to strengthen a termination or non-renewal decision.
Title Insurance: Coverage for the Right of Vehicular Access
There are occasions when we as practitioners may be confronted with a client who has purchased land only to discover—after the fact—there is no means of vehicular access. What are the potentially applicable "covered risks" and defenses?
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Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019
Authors: Ron M. Campbell
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Appeals Court to Weigh if Gov. Murphy Overstepped With Order on Rent, Security Deposits
"Gov. Murphy made clear to the Appellate Division that he believes he has the power to do literally anything he wants, so long as he unilaterally decides that his executive actions are related to the pandemic and in the public's interest," said attorney Jared McClain.
Employers, Heed Court's Word on Reliance Damages
The decision is a warning for employers who make promises they may not keep.
Construction Trends: Surety Bonds on Private Construction Projects
Private project owners have become increasingly interested in taking advantage of the same protections that public owners historically have had, by requiring surety bonds. While the cost can be a deterrent, when compared to the price of project failure, the cost of the bonds is relatively minor.
Force Majeure: Allocating Risk in Commercial Real Estate Agreements in the Wake of COVID-19
Now that we have lived through a long-term force majeure event, what have we learned for purposes of drafting a fair provision? The first consideration that comes to mind is the definition itself—the existence of a pandemic should count as a force majeure event.
Challenging Employment Arbitration Agreements Remains an Uphill Battle
This is not the end of the battle against pre-dispute agreements for arbitration in the employment context, though the opponents of such agreements do have an uphill battle.TRENDING STORIES
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