Podcast - A Tortured Journey with the Lying Witness
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more
In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal....more
Webjet Linhas Aereas S.A. etc., et al. v. ZGA Aircraft Leasing, Inc., 49 Fla. Weekly D620a (Fla. 3rd DCA 2024) - On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a...more
In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more
The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more
NC Process for Settlement of a Putative Class Action Dispute: Terri Moose vs. Allegacy Federal Credit Union - Sometimes, the short-cut turns out to be the long way around. A North Carolina Business Court opinion by Judge...more
Last month, we provided an overview of Florida Tort Reform HB 837 - a wide-ranging tort reform bill ratified on March 24, 2023. With the stated goal of stabilizing the state’s insurance market, the bill’s sweeping provisions...more
Effective July 1, 2022, Proposals for Settlement in Florida shall no longer contain nonmonetary terms, such as a release or confidentiality agreement. The Florida Supreme Court, on its own volition, revised the rule hoping...more
On February 16, 2022, the Fourth District Court of Appeal ruled in favor of an insurer when it determined that the Insurer’s proposal for settlement was not ambiguous. See Tower Hill Signature Insurance Co. v. Alex Kushch,...more
David Johnson presented his paper entitled “Fiduciary Litigation Update 2020-2021” to the Texas Bankers Association’s Wealth Management & Trust Conference on September 30, 2021. This presentation covered recent statutory...more
A recent amendment to the Confession of Judgment law in New York State could have a significant effect on litigation and settlement strategies for creditors who do business with companies and/or individuals who are non-New...more
A Texas attorney, Christopher Bandas, has made his living objecting to class settlements, hoping to leverage a payment from the settling attorneys to ensure their settlement is not derailed (often called “greenmail”). ...more
In two related cases, Travelers has settled its claims against Excalibur Reinsurance. A number of prior posts have addressed the substance of the parties’ disputes – for example, discovery issues (sealing portions of...more
Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more