Tag: arbitration

#9 – Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

David M. McLain | Higgins, Hopkins, McLain & Roswell, LLC | May 13, 2015 On May 7th, the Colorado Court of Appeals issued its much anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015).  By way of background, the Vallagio at Inverness… Continue reading #9 – Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

What Counsel Must Do To Maximize Insurance Coverage

Finley T. Harckham | Anderson Kill | December 18, 2015 Insurance policies are complex contracts, often riddled with pitfalls for the policyholder. The pursuit of a claim in the wake of a loss is equally fraught. Yet all too many companies entrust their assets and their very survival to insurance policies that are vetted by… Continue reading What Counsel Must Do To Maximize Insurance Coverage

Alternate Dispute Resolution

  Asha Echeverria | Bernstein Shur Sawyer & Nelson PA | October 27, 2015 Earlier this month I attended a summit on alternate dispute resolution at the American Bar Association Forum on Construction’s Fall Meeting in Austin, Texas. One of the sessions I found particularly interesting was a session titled “Has Arbitration Fulfilled its Promise?”… Continue reading Alternate Dispute Resolution

Arbitration: a Comparison of the Pros and Cons

Jonathan A. Berkelhammer | Ellis & Winters | November 2, 2015 The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.”  Fed. R. Civ. P. 1.  Yet with the previously “accepted rule that a complaint should not be dismissed for failure to state a… Continue reading Arbitration: a Comparison of the Pros and Cons

Arbitration Clauses Under Attack – do they Harm Consumers?

John Paul Nefflen | Burr Foreman LLP | November 2, 2015 Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform Arbitration Act), and federal and state case law generally uphold… Continue reading Arbitration Clauses Under Attack – do they Harm Consumers?