by Marvin Schuldiner | Dec 5, 2023 | Commercial Mediation, Lawsuits
Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own...
by Marvin Schuldiner | Jun 2, 2023 | Commercial Mediation, Lawsuits
ChatGPT is all the rage these days. Ask it a question and it gives you an answer. But use it at your own risk, as some New York attorneys recently discovered. If you are unfamiliar, ChatGPT is an artificial intelligence that is largely free to use. It is still a work...
by Marvin Schuldiner | Mar 29, 2023 | Commercial Mediation, Lawsuits
In 2013, the NJ Supreme Court ruled in Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. that in order for an agreement coming out of mediation to be enforceable by the courts, it must be in writing and signed by all parties. I wrote extensively about that...
by Marvin Schuldiner | Jun 21, 2022 | Commercial Mediation, Lawsuits
Perhaps you’ve heard the term summary judgment and always wondered about it. If so, read on. What is Summary Judgment? Generally speaking, trials in civil cases are about determining facts. The finder of fact, whether it is a jury or a judge (in bench trials),...
by Marvin Schuldiner | Jun 14, 2022 | Commercial Mediation, Lawsuits
In 2016, Massachusetts lawyer Robert Ambrogi wrote a blog post about a then-new service that attempted to “rank” attorneys based on their court results. The founders were two undergrads from Harvard University and the first covered state was Massachusetts...
