United States: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
When The Court Shifts More Than The Blame: Fiduciaries And The Risk Of Personal Fee Liability Under TEDRA
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) grants courts broad discretion to shift attorneys' fees in trust and estate litigation, potentially exposing fiduciaries to personal liability when their conduct breaches fiduciary duties or unnecessarily prolongs disputes. Understanding the circumstances under which courts may order personal fee awards is essential for trustees, personal representatives, and beneficiaries navigating these complex disputes.
United States Litigation
Sr
Stokes Lawrence, P.S.
Article
Business Mediation: An Overview And Practical Tips
Business mediation offers companies a confidential, cost-effective alternative to courtroom litigation for resolving commercial disputes. Through the guidance of a neutral third party, businesses can negotiate settlements while maintaining control over outcomes and preserving valuable relationships. Understanding the mediation process, its advantages over traditional litigation, and the keys to successful resolution can help companies make informed decisions about dispute resolution strategies.
United States Litigation
SH
Scarinci Hollenbeck LLC
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Video
KEEP YOUR PROMSIES!: Court Sets In-Person Evidentiary Hearing To Examine TCPA Defendant’s CRM Records After Defense Counsel “Failed To Follow Through” (Video)
A federal judge in Florida has ordered TCPA defendant Czar Marketing Group to appear in court with their CRM system for live examination after defense counsel failed to produce promised discovery records. The court's unprecedented decision to conduct an in-person evidentiary hearing stems from suspicious similarities between production documents and concerns about altered records, raising questions about discovery compliance and potential spoliation.
United States Litigation
Troutman Amin LLP
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Article
Dead Men Tell No Tales, But Their Estate Plans Sometimes Do: Washington State’s Deadman’s Statute—What The Court Will And Will Not Hear After Death
Washington State's Deadman's Statute bars interested parties from testifying about conversations or transactions with deceased individuals in estate litigation. Understanding when this evidentiary rule applies, what testimony it excludes, and how it can be waived is critical for anyone involved in probate or trust disputes where private agreements or oral promises are at issue.
United States Family
Sr
Stokes Lawrence, P.S.
Article
When The Court Shifts More Than The Blame: Fiduciaries And The Risk Of Personal Fee Liability Under TEDRA
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) grants courts broad discretion to shift attorneys' fees in trust and estate litigation, potentially exposing fiduciaries to personal liability when their conduct breaches fiduciary duties or unnecessarily prolongs disputes. Understanding the circumstances under which courts may order personal fee awards is essential for trustees, personal representatives, and beneficiaries navigating these complex disputes.
United States Litigation
Sr
Stokes Lawrence, P.S.
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Article
Dead Men Tell No Tales, But Their Estate Plans Sometimes Do: Washington State’s Deadman’s Statute—What The Court Will And Will Not Hear After Death
Washington State's Deadman's Statute bars interested parties from testifying about conversations or transactions with deceased individuals in estate litigation. Understanding when this evidentiary rule applies, what testimony it excludes, and how it can be waived is critical for anyone involved in probate or trust disputes where private agreements or oral promises are at issue.
United States Family
Sr
Stokes Lawrence, P.S.
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Curated
Foreign Sovereign Immunity In International Construction
For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
United States Litigation
J
JAMS
Article
Will Exxon Mobil v. CIMEX Lead To More Helms-Burton Act Claims Against Cuban State-Owned Entities?
The Supreme Court's landmark decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A. fundamentally alters the landscape for litigation under the Helms-Burton Act by removing a critical jurisdictional barrier that has protected Cuban state-owned entities from U.S. lawsuits. This 6-3 ruling holds that the Act independently abrogates foreign sovereign immunity for Cuban agencies and instrumentalities, allowing U.S. nationals to pursue billions of dollars in claims for property confiscated by Cuba's commu
United States International
AP
Arnold & Porter
Article
Same Flag, Different Rules: The FSIA’s State-Instrumentality Divide
The Foreign Sovereign Immunities Act shields foreign states from suit in the United States, but determining whether an entity qualifies as the foreign state itself, a political subdivision, or an agency or instrumentality can be complex. This classification affects critical procedural and substantive protections, including service of process rules, immunity defenses, and attachment protections. Understanding these distinctions is essential from the outset of any case involving sovereign defendants.
United States International
AP
Arnold & Porter
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