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 | May 23, 2022 | Arbitration, Commercial Mediation, Lawsuits
It’s no secret that the COVID pandemic has delayed all kinds of trials in NJ state courts. The courts were generally closed for the last two years and several counties either remain closed or are still holding trials via Zoom. In addition to COVID, the courts...
by Marvin Schuldiner | Jan 12, 2021 | Commercial Mediation, Lawsuits
The rate at which trials are used to resolve lawsuits has dropped significantly over the decades. We are now at the point where less than 1% of cases are settled via a trial. In the 2019-2020 court year (July to June), in the Civil Part of Law Division in Superior...
by Marvin Schuldiner | Dec 3, 2015 | Commercial Mediation, Lawsuits
In a rare trial court published opinion, a New Jersey Superior Court in Atlantic County recently opined on a case that looked at how much should a party pay to depose their adversary’s expert. The case is Alice Jusino v. William LaPenta (ATL-L-7213-12). The...
by Marvin Schuldiner | Sep 12, 2009 | Commercial Mediation
In a previous posting, I discussed the American College of Trial Lawyers task force interim report on trials in America. The final report is out and here are the highlights as it pertains to mediation and getting your lawsuit settled: “Courts are encouraged to...
