Litigation Law, Mediation Law and Arbitration Law

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.

Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve

The Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.

When multiple family members seek estate planning services together, can one attorney represent everyone? This article examines the complex ethical boundaries that govern attorney-client relationships in family estate planning, exploring when joint representation is permissible and when conflicts of interest require separate counsel.

A U.S. District Court examined whether a commercial general liability insurer must defend and indemnify a trucking contractor after a municipality sought to recover costs for remediating unlawfully deposited demolition debris. The court analyzed whether the property damage constituted an "occurrence" under the policy's definition of an accident, considering the insured's intentional placement of the debris and applicable policy exclusions.

Earnout provisions are among the most creative and, simultaneously, the most litigated structures in M&A transactions. When a buyer and seller cannot agree on purchase price because they disagree about the future performance of the business, an earnout can bridge the gap—allowing the seller to receive additional consideration if the business achieves agreed-upon milestones after closing

PHI Health LLC has filed suit against Anthem, alleging that the insurer and health plans it administers have failed to pay about $30 million in final payment determinations issued under the No Surprises Act (NSA)’s independent dispute resolution (IDR) process. The suit, which PHI filed in an Indiana federal district court, seeks over $1.3 million in interest on the payments that Anthem is accused of withholding.

NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.