Patricia H. Thompson | Forum on Construction Law The belief that there can be no appellate remedy for erroneous arbitration awards is widespread but mistaken. Granted, the Federal Arbitration Act (FAA) and many state arbitration statutes provide limited judicial relief from a final arbitration award.1 Indeed, the FAA does not allow for any judicial appellate review of an… Continue reading Improving Arbitration By Private Right of Appeal
Month: September 2021
Avoid ‘Glass Houses’ Arguments When Comparing Experts
Dr. Ken Broda-Bahm | Holland & Hart …and they are going to be bringing Dr. Smith up here to tell you that their theories are true. But when they do, remember who is paying Dr. Smith to be their hired gun and to offer that testimony. And what about the experts hired by the side making that… Continue reading Avoid ‘Glass Houses’ Arguments When Comparing Experts
Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s discretion. In Club Gene and Georgetti, LP v. XL Insurance… Continue reading Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois
Dispute Resolution in Construction Projects
Robert S. Peckar and Denis Serkin | Peckar & Abramson Disputes are as integral to the construction process as the preparation of plans and the placement of concrete. However, most industry participants yearn for the reduction – if not the elimination – of project disputes. They correctly argue that disputes disrupt and often irrevocably poison… Continue reading Dispute Resolution in Construction Projects