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 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...
by Marvin Schuldiner | Jun 23, 2014 | Commercial Mediation, Lawsuits
It is not a very frequent occurrence that the New Jersey Supreme Court rules on a case involving mediation. But we have a major one here in NJ from 2013: Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. It is a landmark case for mediation and mediated...
by Marvin Schuldiner | May 19, 2010 | Commercial Mediation, Off Beat
A recently published study by Cornell University indicated that “ugly” or unattractive people who are defendants in criminal trials are 22% more likely to be found guilty and are given longer sentences on average (22 months longer) than attractive people. ...
by Marvin Schuldiner | Dec 27, 2009 | Commercial Mediation
The plaintiff and defendant in a New York medical malpractice lawsuit has come to a putative settlement agreement just before the jury rendered a verdict. The parties failed to get the settlement on the record prior to the jury verdict and the settlement was...
