Car Dealers To Use Mediation and Arbitration
By: Stephen P. Lagoy Congress has approved a plan that would allow 2000 terminated car dealers to pursue third party mediation and arbitration with GM and Chrysler with the possibility of being reinstated. For an analysis of this alternative dispute resolution process and its chances of being successful, see http://online.wsj.com/article/. For more information …
Paying Spousal and Child Support in Tough Economic Times
In today’s economy, family lawyers are often faced with the proposition that existing marital and child support obligations are financially overburdening to the payor. If you are a payor that has had a reduction in salary, what can you do? If you fall into this category, you should contact a lawyer immediately and ask him/her …
Baseball Arbitration: Part I
By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players. What does this mean and what are the implications of the decision? For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/
"I Confess! I Made a Mistake"
Pennsylvania’s liberal rules concerning the amendment of pleadings aren’t so liberal in the context of complaints for confession of judgment. When filing a complaint in confession of judgment, if a mistake is made in calculating the amount of damages or the time period in which damages accrued, an attorney cannot rely upon Pa. R.C.P. …
Piercing the Corporate Veil
By: Donald C. Turner Most closely-held businesses operate as either corporations, limited liability companies, or limited partnerships. There are many reasons for doing so, including tax implications. One of the primary reasons for operating in such a fashion is to protect the individual owners from personal liability for the obligations of the business enterprises. …
eBay Users Read Before You "Click"
It is not unusual when registering for something on-line to “click” a box by which you agree to accept certain terms governing the transaction. Before you “click” the box, have you actually read what it is you are agreeing to? Increasingly eBay users are surprised to learn that if a problem develops with an eBay …
Streamlined Binding Arbitration
By: Stephen P. Lagoy An insurance industry group will experiment with an expedited form of binding arbitration designed for small, uncomplicated disputes. The Association of Insurance and Reinsurance Run-Off Companies has announced the development of a new streamlined dispute resolution procedure the elements of which include a single arbitrator, discounted fee structure, and no …
Can My Appeal Be Mediated?
Many litigants and counsel may not be aware that a process for alternate dispute resolution exists in the Superior Court during the pendency of an appeal. The Pennsylvania Superior Court has an “Appellate Mediation Program.” The Program provides a potential means for resolving disputes that is faster, more economical, and more likely to result in …
Be Aware of Threshold Requirements for Mismanagement and Malfeasance Claims Against Managers and Directors
The economic conditions of the past two years have caused many shareholders or members of corporations and other entities to review management’s actions in a critical light. These reviews, almost inevitably, will result in claims for mismanagement or malfeasance that will lead to litigation. Both the plaintiffs and the defendants in these matters should be …
Cookies and Compromise
By: Stephen P. Lagoy An experienced commercial mediator told me about a recent mediation in which there was a great deal of animosity among the parties, so much so that they refused to be in the same room at any point in the mediation. During the course of the mediation, my colleague served several …