Litigation Law, Mediation Law and Arbitration Law

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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.
Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
J
JAMS
Article
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
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Article
Guardianships In New Jersey: When A Loved One Can No Longer Manage Personal Or Financial Affairs
When a family member loses the ability to make important decisions, informal assistance may not provide the legal authority needed to act on their behalf. New Jersey guardianship proceedings offer a court-supervised process for appointing someone to manage personal care or financial affairs for incapacitated adults, including elderly individuals with dementia and young adults with developmental disabilities who have reached age 18.
United States Family
SH
Scarinci Hollenbeck LLC
Article
A Potential Gamechanger For Appeals: Sixth Circuit Revives Medicare Payment Safe Harbor
A landmark Sixth Circuit ruling establishes that Medicare providers who reasonably interpret coverage requirements and submit claims in good faith may not be required to refund payments, even when services are later deemed noncovered. This decision fundamentally changes how Medicare coverage appeals should be approached and provides new protections for providers facing post-payment reviews.
United States Healthcare
SR
McDermott Will & Schulte
Article
Could Changing One Rule Of Evidence Change The Outcome Of Child Sex Abuse Cases In New York?
New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?
United States Criminal
SH
Sanford Heisler Sharp McKnight
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Article
Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials
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.
United States Insurance
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Liability Insurer Has No Duty To Defend Or Indemnify Where Property Damage Results From Insured’s Deliberate Placement Of Demolition Debris: The Requirement Of An “Accident” For Coverage
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.
United States Insurance
AA
Adams & Adams
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Article
FROM CALIFORNIA TO NEW JERSEY: Northern District of California Sends CIPA Website Tracking Class Action to New Jersey
A California-based class action alleging website tracking violations under CIPA was transferred to New Jersey federal court, where the defendant's headquarters and decision-making occurred. The Northern District of California found that the locus of corporate conduct outweighed the plaintiffs' California residency and the California-only class, demonstrating that where tracking decisions are made can matter more than where users experience alleged privacy violations.
United States Privacy
Troutman Amin LLP
Article
It’s An Arbitration Agreement After All: Disney Compels Arbitration And Obtains Dismissal Of Class Claims In Antitrust Suit
A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.
United States Litigation
DM
Duane Morris LLP
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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
Due Process Post-Fuld And Statute Of Limitations For ICSID Cases
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
Global Litigation
S
Steptoe LLP
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