Rodger R. Cole, Eric Ball, Molly Melcher and Christopher Berberian | Fenwick On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an appeal of a… Continue reading New California Law Limits Stays Of Proceedings Pending The Appeal Of The Denial Of A Petition To Compel Arbitration
Month: October 2023
Inside The Minds And Hearts Of Dispute Resolution Neutrals
Christopher Keele | JAMS My thoughts on how mediators and arbitrators really think and act At a recent local bar event, a young lawyer approached me to ask if he could join me at the table where I was enjoying a quick bite to eat. We introduced ourselves and shared a little bit about ourselves.… Continue reading Inside The Minds And Hearts Of Dispute Resolution Neutrals
Getting The Most Out Of Mediation: 7 Tips From A Master
Laura C. Abrahamson and Kenneth C. Gibbs | JAMS In the construction and engineering field, few mediators have the skill or reputation of Ken Gibbs, who has successfully mediated more than 2,500 cases and is ranked by Chambers USA as “one of the best construction ADR professionals in the United States” and referred to as… Continue reading Getting The Most Out Of Mediation: 7 Tips From A Master
Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government Claim
Garret Murai | California Construction Law Blog Unlike horseshoes and hand grenades, close sometimes isn’t close enough. In the next case, Hernandez v. City of Stockton, 90 Cal.App.5th 1222 (2023), the Third District Court of appeal found that a pedestrian who sued a public entity for personal injuries caused by an “uplifted sidewalk” was barred from… Continue reading Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government Claim
Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?
Claire Fialcowitz and Shannon O’Malley | Zelle In most property insurance coverage litigation, the parties engage experts to elucidate the issues in the case. This is particularly true when there are multiple causes of loss, covered and not covered, that combine to cause the damage claimed. In Texas, when two causes of loss combine to… Continue reading Will Amendment to Rule 702 Affect Property Insurance Coverage Litigation?