SEEKING AN EVALUATION FROM THE MEDIATOR AND THE PRE-MEDIATION BRIEFApril, 2014, By: Hon. John P. DiBlasi, J.S.C. (Ret.)
In the majority of cases, the parties to mediation ask the neutral for an evaluation of their case. This will encompass an analysis, inter alia, of the factual allegations, defenses, and issues of law, motion practice/decisions, venue/jury pool, and an evaluation with respect to jury verdict potenti...Read more
SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROLApril, 2014, By Robert Cantor, Esq.
For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired...Read more
THE RULES HAVE CHANGED: SHOULD YOU BE CONCERNED?April, 2014, By: Hon. Ira B. Warshawsky, J.S.C. (Ret.)
In September, 2013 changes were made to the Rules of the Commercial Division of the Supreme Court (Section 202.70). These changes most importantly were to Rule 8 - Meet and Confer and Rule 13 - Expanded Expert Witness Discovery. Rule 8(b) specifically targets Electronically Stored Information (...Read more
POWERPOINT CAN HELP YOU PROVE YOUR POINT AT MEDICAL MALPRACTICE MEDIATIONSApril, 2014, By: Steven B. Tannenbaum, Esq.
The parties to a medical malpractice mediation can assist the neutral in helping them achieve a resolution of the claim in issue by presenting their respective positions in a clear and concise manner which helps to identify and limit complex medical issues. Traditionally, the parties to such a...Read more
EXCHANGING THE MEDIATION BRIEF: IS IT IN YOUR BEST INTEREST?April, 2014, By: Hon. John P. DiBlasi, J.S.C. (Ret.)
The submission of a well-crafted brief prior to the mediation is an excellent opportunity to give the mediator a real preview of your position in advance. It can be used to educate, persuade, and create a roadmap for settlement negotiations. It is to your benefit to submit same as it will save time ...Read more