Stacy L. La Scala | JAMS When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree. My three-plus decades of experience in mediation of commercial and construction disputes have convinced me that a properly managed joint session is an important and valuable first step for an… Continue reading Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes
Expert Testimony & Summary Judgment: A Glitch In The Law
Mark I. Wallach | McCarthy Lebit Crystal Liffman Expert testimony has become a staple of trial testimony, both on substantive issues of liability and especially on damages calculations. Trial lawyers often rely on experts to explain technical issues to judges and juries, as well as to establish industry practices and standards. Ohio Rule of Evidence… Continue reading Expert Testimony & Summary Judgment: A Glitch In The Law
Let’s Not Forget Those In-Person Deposition “Glitches”
Esquire Deposition Solutions Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to mention the cost savings and efficiencies of remote depositions (not to mention their compelling digital search, sharing and… Continue reading Let’s Not Forget Those In-Person Deposition “Glitches”
Construction Projects and Subrogation: Timing is Everything
Melissa Kenney | White and Williams In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to… Continue reading Construction Projects and Subrogation: Timing is Everything
Alert for Contractors, Builders Insurers: Construction Defect Lawsuits Likely to Rise
Claims Journal A new report identifying commercial litigation waves likely to pick up steam in 2025 highlights one particular theme that could further lengthen the tail of general liability claims for insurers writing policies for contractors and builders. The 2025 “Commercial Litigation Outlook,“ published by the law firm Seyfarth Shaw provides an annual look at the… Continue reading Alert for Contractors, Builders Insurers: Construction Defect Lawsuits Likely to Rise