Direct Examination: To Lead or Not to Lead
Law School Toolbox Podcast Episode 416: Listen and Learn -- Service of Process (Civ Pro)
Bar Exam Toolbox Podcast Episode 224: Listen and Learn -- Service of Process (Civ Pro)
The Only Rule of Multidistrict Litigation Is...
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast
Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more
You may recall Shakespeare’s line from Henry VI, Part 2, Act IV, Scene 2, spoken by the noted legal scholar, Dick the Butcher, “the first thing we do, let’s kill all the lawyers.” If we’re talking about fixing arbitration,...more
The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more
Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more
In Noble Prestige Ltd. v. Galle, the Eleventh Circuit Court of Appeals considered whether the trial court properly granted a preliminary injunction barring the defendants from dispersing assets during the pendency of the...more
The goal of mediation is to settle a claim or lawsuit. However, there is an important element of mediation that should never be overlooked — creating, and signing, the mediation agreement after the issues have been resolved...more
The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more
The rise of remote proceedings in response to the COVID-19 pandemic has led federal courts to consider novel issues involving the subpoena of individuals for remotely held depositions and hearings. Last year, three federal...more
The Court has had a busy day, having decided cases of significance to litigators and interest groups, but none is the blockbuster decision in societally divisive matters that the general public has been awaiting. In short,...more
If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more
While the FINRA arbitration system certainly is not perfect – just see Alan’s troubling blog from last week regarding the Motion to Vacate that was granted by a Judge in Atlanta – we like to think that when cases go to...more
Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more
Marcia Laude filed suit alleging that her late husband was not adequately cared for while residing in a nursing home operated by the defendants. In 2019, a Wisconsin district court granted the defendants’ motion to compel...more
The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not...more
Thole v. U. S. Bank N. A., No. 17-1712: Plaintiffs-petitioners James Thole and Sherry Smith are two retired participants in respondent U.S. Bank N.A.’s defined-benefit plan. They brought a putative class action under ERISA...more
A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more
Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more
The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more
You are in federal court facing a motion to compel arbitration, and you reach for your well-worn copy of the Federal Rules of Civil Procedure in order to confirm how to go about your next step -- demanding a jury trial for...more
The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more
The CBCA released its FY 2018 Annual Report. Despite a statistically typical year, the report also highlighted noteworthy changes to the Board’s jurisdiction and rules. FY 2018 ended with 409 new appeals docketed at the...more
In Whyte v. Bockino, No. 2017-0024 (August 29, 2018), the Supreme Court of the United States Virgin Islands held that the Federal Arbitration Act (FAA) applies to contracts in the Virgin Islands and concluded that the claims...more
It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more
On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more