by Marvin Schuldiner | Feb 1, 2010 | Arbitration, Commercial Mediation
Analogies between a finder of fact (a judge or jury) and referees or umpires (the arbiter of a game’s rules) are often made. It is open to debate whether the analogy firmly holds. However, it is often interesting to discuss whether any “neutral”...
by Marvin Schuldiner | Oct 31, 2009 | Commercial Mediation, Lawsuits
Much of what happens in a lawsuit is gamesmanship, especially during the discovery phase. Discovery comprises much of the pre-trial phase of litigation where each party seeks to understand what the other side(s) know, what documents they have pertaining to the...
by Marvin Schuldiner | Jan 3, 2009 | Commercial Mediation, Lawsuits
The saga of the $54 million lost pants lawsuit appears to finally be over. As you will recall, a judge in DC sued a cleaner for $54 million for losing a pair of pants. Roy Pearson subsequently lost the lawsuit and his job as a judge (in part due to the lawsuit). ...
by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
Yesterday, the American College of Trial Lawyers and the Institute for the Advancement of the American Legal released a report entitled “Interim Report on Problems Associated with Discovery”. Discovery is the pre-trial process where each side engaged in...
by Marvin Schuldiner | May 2, 2008 | Arbitration, Commercial Mediation
The State of New Jersey is currently going through the budget process for the fiscal year that begins in July 2008. Like many states, NJ is projecting a large budget deficit due to the downturn in the economy. As a result, all government agencies are being asked to...
