Marc Alan Fong | JAMS A mediator’s proposal is essentially a settlement suggestion issued when negotiations reach impasse. The mediator proposes a dollar amount—or a set of terms—and asks each side to accept or reject it confidentially. If both sides accept, the case settles. If either declines, no one learns the other’s decision, preserving leverage… Continue reading Understanding and Presenting a Mediator’s Proposal
Month: November 2025
The Wildfire Litigation Series: Part 1 — Fast Action in the Aftermath
Xavier Oustalniol, Kristofer Buchan and Kimberly Ratto | StoneTurn In the aftermath of wildfires, rapid action is essential for both victims and their legal teams. Part One of our Wildfire Litigation Series explores the immediate steps forensic experts must take to assess economic damages and support claims. From gathering critical data under intense time constraints… Continue reading The Wildfire Litigation Series: Part 1 — Fast Action in the Aftermath
When Property Sellers Conceal Defects
Michael Haeberle | Patterson Law Firm When you buy a property, you trust the seller’s disclosures. But what happens when they conceal major defects? A recent court decision shows why a summary judgment was reversed, emphasizing that credibility is key. This case highlights the costly consequences of real estate misrepresentation. Buying or selling property is… Continue reading When Property Sellers Conceal Defects
Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
Matthew DeVries | Best Practices Construction Law In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the homeowners. The court’s response? Proximity isn’t prejudice. The dispute started… Continue reading Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal
How to Conduct Due Diligence on an Adaptive Reuse Project
R. Kymn Harp | Buchalter Adaptive reuse refers to the process of taking an existing building or structure originally designed for one purpose and adapting it so that it can be used for another. The goal is to breathe new life into old buildings. Adaptive reuse promotes environmental, cultural and economic sustainability, and is an alternative to… Continue reading How to Conduct Due Diligence on an Adaptive Reuse Project