When Equal Isn't Fair by Renee Henderson
As a kid I can remember being made to split the last few ounces of soda left in the bottle with my brother. We'd place two glasses side by side and pour a little in each until we were both satisfied that both glasses contained the exact same amount of liquid. Forget that he was two years older and some four inches taller. We both got an equal share and in our hearts we believed it was fair. Unfortunately, this innate sense of fairness does not apply when dividing an aggregate settlement among plaintiffs. You cannot simply divide the total settlement amount by the number of plaintiff equally. Click here to read full article...
Enhancing Settlement Through A Special Master by Marina Corodemus
from the American Bar Association Alternative Dispute Resolution Committee News
Complex civil litigation, especially that involving pharma and environmental matters, has no borders. The issues in such litigation are complex, not just in terms of the numerous parties and legal theories complained of, but also because now they often cross international borders as well. Not all pharma or environmental cases are centralized in multi-district litigation (MDL) though many are. Nor are they limited to venues specific to the site of an occurrence involving an international corporation or a local disaster. Click here to read full article...
Why Use Construction Mediation / Arbitration by Nicholas J. Stroumtsos, Jr.
Construction Mediation / Arbitration has become the preferred process to resolve construction disputes because of the many advantages it offers over traditional litigation. Click here to read full article...
The View From the Bench: Practices and Developments in New Jersey Mass Tort Proceedings from New Jersey Lawyer Magazine
This article was originally published in the August 2011 issue of New Jersey Lawyer Magazine, a publication of the New Jersey State Bar Association, and is reprinted here with permission.
The Honorable Carol E. Higbee, presiding judge of the Civil Division of the New Jersey Superior Court, Atlantic County, was interviewed for the August 2011 issue of New Jersey Lawyer Magazine. She has been on the bench for 18 years and has been the presiding mass tort judge in her county since 2003. She is quoted as saying, “Mass torts in New Jersey started with Judge Marina Corodemus and they chose her because … she was an outstanding jurist who had significant litigation experience… . She developed an expertise in mass torts that created a national presence for New Jersey.” Click here to read full article...
Until Next Rules Change, 2010 Cases Set the Standard by Brad Harris and Ronald J. Hedges from The National Law Journal
By now the names are all too familiar: Pension Committee, Rimkus, Victor Stanley II and Orbit One. A raft of opinions in the U.S. courts throughout 2010 and beyond highlight the uncertainty and growing risk associated with the lack of uniformity around preservation practices in the Information Age. Not surprising, such lack of specificity and consistent direction results in attorneys, both retained and inside counsel, being obligated to perhaps conform to a “lowest” or “highest”—depending on one’s perspective—preservation standard. And an unfortunate consequence is that some attorneys and their clients may fail to act at all out of confusion, while others overreact and selfimpose undue burdens. These reactions only worsen the problem for the legal community and litigants. Click here to read full article...
