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Federal courts are barred from applying state affidavit-of-merit requirements at filing, lowering the threshold for malpractice claims against design professionals while shifting early litigation strategy in diversity cases governed by the Federal Rules of Civil Procedure.
Earlier this year, the U.S. Supreme Court issued a decision in a Delaware medical malpractice action with particularly important ramifications for all professional malpractice actions brought in federal court.
Absent a statutory violation under the relevant arbitration act, a court will likely uphold the parties’ agreed-upon selection of the award’s form, regardless of their satisfaction (or dissatisfaction) with the award’s contents.
It always cracks me up at the start of a deposition when one of the lawyers says to me, or another lawyer, “Usual stipulations?” What on earth are they talking about? There is no such thing as “usual stipulations.”
Absent a statutory violation under the relevant arbitration act, a court will likely uphold the parties’ agreed-upon selection of the award’s form, regardless of their satisfaction (or dissatisfaction) with the award’s contents.
Avoid costly legal traps by understanding the critical differences between standard, reasoned, and detailed arbitration awards before you sign your next contract.
I represent various industry players in construction contract negotiations and, invariably, at least one party wants a “waiver of consequential damages” clause in the agreement.
Unexpected conditions below the surface can lead to major disputes. A recent case between Skanska Civil USA and the U.S. Navy reveals the high stakes of differing site conditions and the importance of thorough pre-bid review and due diligence.
Attorney Steve Nudelman discusses a recent New Jersey appellate court decision in Lahoud v. Anthony & Sylvan Corp., which scrutinized an arbitration clause deemed one-sided in favor of the contractor.
Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.