LexisNexis® Legal Newsroom
Webinar Stresses Use of Mediation in California Workers' Comp

"Mediating Workers' Comp Claims, Liens and Other Disputes" is the topic of a free webinar on Dec. 1 from WorkCompCentral Education, the company announced today. Former Oakland Presiding Judge George Mason and longtime workers' comp legal specialist Frank Russo will present a one...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

Egg Producer Agreement Shows the Value in Mediation

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP A recent NPR story provided a good synopsis of how the United Egg Producers (United Egg) and the Humane Society of the United States (HSUS) came together to resolve their differences. Rather than spend millions of dollars fighting years...

Oklahoma Opt Out Legislation Fails: A Post Mortem

By Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [ see Oklahoma House Bill 2155 ] fell short of having sufficient...

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout the Publication • Completely Updated over...

A Dispute Over Dispute Resolution

Earlier last month, in EQT Corp. v. Miller [ an enhanced version of this opinion is available to lexis.com subscribers ] , the United States District Court for the Northern District of West Virginia provided its most recent guidance regarding the enforceability of alternative-dispute-resolution ("ADR"...

William A. Ruskin: The Confidentiality Of Mediation In New York May Not Be Assured

By William A. Ruskin New York mediator, Richard S. Weil , poses the question in his New York Law Journal article, dated October 25, 2012, "Is Mediation Confidential in New York?" As Mr. Weil observes, confidentiality is a critical element in a mediation. Confidentiality allows participants...

California: DWC/WCAB Policy and Procedure Manual Revised

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB Policy and Procedure Manual. The revisions became...

UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP In Union Electric Co. v. AEGIS Energy Syndicate 1225 , No. 12-3546 (8th Cir. April 19, 2013) [ enhanced version available to lexis.com subscribers ], the court held that a UK insurer was precluded from enforcing a mandatory arbitration provision...

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration

On April 19, the Eighth Circuit affirmed the United States District Court for the Eastern District of Missouri's September 4, 2012 decision in Union Electric Company v. Aegis Energy Syndicate 1225 , holding that a policyholder could avoid arbitration based on an Endorsement that conflicted with a...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13, 2013), t he WCAB, denying defendant employer’s...

Mediation in Oil and Gas Law Disputes

By Lisa C. McManus, Esq. [1] | Discourage litigation. Persuade your neighbors to compromise wherever 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...

High Arbitration Fees Prove Costly to Defendant

A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC , [ enhanced version available to lexis.com subscribers ], the court affirmed the trial court’s denial of a motion to compel...

Arbitration gavel

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies

A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years. Nevada has now followed the anti-arbitration trend...

Construction Contracts, Mediation and Venue

I have preached the mantra of “ read your contracts carefully ” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation . A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable

Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy be resolved by arbitration. Given the complexity and...

Resolve to Mediate Your Construction Disputes in 2014

After a quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court...

Tenth Circuit Rejects State Law Challenge to FAA Primacy

By the Consumer Financial Services Group In the aftermath of AT&T Mobility, LLC v. Concepcion , [ enhanced version available to lexis.com subscribers ], and American Express Co. v. Italian Colors Restaurant , , [ enhanced version available to lexis.com subscribers ], consumer lawyers have frequently...

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations

By Rita Davis, Allan B. Moore, Joanna Page, Stephen Moriarty, QC, and Thomas R. Newman I. INTRODUCTION Rooted in common beginnings, the American and United Kingdom legal systems are cousins with many similarities. As with most relatives perched on opposing branches of a family tree, however...

Headline: Voluntary Construction Mediation Works

Well, I’m back. After a busy week of meeting with clients, college visits with my daughter and a successful mediation (this time as co-counsel), I am back to what I hope to be a more consistent posting schedule. Luckily for me, my friend Seth Smiley stepped in with a great Guest Post Friday...

What You May Be Giving Up When You Agree To "Arbitration" In Your Farming Contracts

Although most people are unfamiliar with the arbitration process, it is common for many form contracts to contain "arbitration" clauses. The Texas Supreme Court, [ enhanced version available to lexis.com subscribers ], recently addressed cotton farmers’ challenge to an arbitration clause...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...

Delaware Arbitration Makes a Comeback

News from Delaware is that Delaware's Chancery arbitration procedure is making a comeback, but this time without the Chancery bit. According to DelawareOnline , Chief Justice Strine said: [T]he new arbitration program will not involve state-paid sitting judges, which was one of reasons the federal...