Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough. — Abraham Lincoln (And… Continue Reading
The US Supreme Court just issued another decision reaffirming that the Federal Arbitration Act compels state—as well as federal—courts to recognize and enforce contractual arbitration provisions, even when the focus of the litigants’ dispute is violation of state law. The decision: Nitro-Lift v. Eddie Lee.
When a contract has an arbitration provision that says the arbitrator will decide whether the claims should be arbitrated, the US Supreme Court says that the Federal Arbitration Act requires that the arbitrator, not a judge make that decision
Vote in poll about what dispute resolution terms you like in your design and construction contracts
Owner’s waives arbitration with demand on contractor to foreclose mechanics lien or lose it forever under Section 34 of the Illinois Mechanics Lien Act
Settlement in I-35 Minnesota bridge collapse lawsuit by survivors and State of Minnesota against contractor working on the bridge
The Illinois Home Repair and Remodeling Act: recent decisions on whether contractors who fail to comply can get paid and the Home Builders Association of Illinois report on how to raise your odds of successful compliance
Suggestions for jurors, and potential jurors, on improving your jury selection, trial, and deliberation experience, as well as my final thoughts on jury service from the perspective of a lawyer serving on a jury in a business dispute case
Relating the outcome of the trial where I served as a juror, sharing with other lawyers my observations from the jury box and deliberations, and suggestions for lawyers who try cases based on what I saw, what I head, and what I thought
Lessons about vacating arbitration awards from the 5th Circuit’s decision in Saipem America v. Wellington Underwriting Agencies and how the decision could affect you
5th Circuit re-affirms that the reasons for vacating an arbitration award in Section 10 of the Federal Arbitration Act are the only reasons for vacating arbitration awards. Leaves one to ponder what will be the future of “manifest disregard for the law” as a reason to vacate arbitration awards.
In a post last week I mentioned that the the Minnesota legislature passed bill HF420 amending amendments to Minnesota’s Notice and Opportunity to Repair Law and sent them for Governor Pawlenty to sign. Kevin Duchschere of the Star Tribune reported in an article this afternoon that the governor vetoed HF420. It’s now back to the… Continue Reading
In the last post I mentioned that amendments to Nevada’s Notice and Opportunity to Repair law (SB349) might not pass this year. According to the Mercury News’s Home Defect, Malpractice Bills Die article today, they won’t.
Since the building boom that started in the mid-1990’s, Minnesota, Nevada, and Colorado each enacted Notice and Opportunity to Repair statutes (“NOR Statutes”) intended to reduce the volume and expense of residential construction defect litigation. This past legislative season, legislatures in each of these states considered bills to amend their NOR Statutes. One passed, one… Continue Reading