Andrew G. Wailgum and Sara P. Bryant | Murtha Cullina | November 1, 2016 The Massachusetts Appeals Court recently held that statements made by a party during mediation cannot be used later in a lawsuit to support a claim of fraud or similar claims. ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct.… Continue reading What Happens in Mediation Stays in Mediation
Category: Arbitration
Women Mediators Fight Stereotypes in Construction Disputes
Samantha Joseph | Daily Business Review | October 6, 2016 Jena Rissman Atlass has spent her career surrounded by men. The Fort Lauderdale attorney and founder of Atlass Dispute Resolution specializes in construction mediation. It’s not unusual, she said, to tour a construction site as the only woman in a group of male clients and… Continue reading Women Mediators Fight Stereotypes in Construction Disputes
New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Jane Fox Lehman | Pepper Hamilton LLP | September 15, 2016 Blackman & Co., Inc., v. GE Bus. Fin. Servs., Inc., 2016 U.S. Dist. LEXIS 87904 (D.N.J. July 7, 2016) Grove Street Realty Urban Renewal, LLC (“Grove Street”) contracted with Blackman & Co., Inc. (“Blackman”) to manage a project (the “Project”) to construct a four-story… Continue reading New Jersey Federal District Court Holds That Arbitration Clause In AIA A201-1997 Does Not Apply To Post Construction Disputes
Pick Your Poison: Given What A Jury Can Do, Is Arbitration Really That Bad?
Alan M. Wolper | Ulmer & Berne LLP | September 1, 2016 Some of my clients simply cannot say enough bad things about the arbitration process. It is expensive. It is unfair. There’s no industry panelist anymore. Claimants can get away with anything. Panels are sometimes comprised of people who care more about how many… Continue reading Pick Your Poison: Given What A Jury Can Do, Is Arbitration Really That Bad?
Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy