USA

Superstorm Sandy litigation ruling on hold pending parallel mediation

By way of update to our previous report on 8 May 2013 , on 12 August 2014 the New York federal court managing the consolidated Superstorm Sandy insurance litigation deferred ruling on a crucial insurance issue pending the outcome of mediation by … Continue reading

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Filed under Mediation (General), USA

New York state court green-lights mandatory mediation pilot programme

As we previously reported (here), the New York Supreme Court Commercial Division (a Manhattan-based division of the state court of first instance that exclusively hears complex commercial cases) has been considering a proposal for mandatory mediation. The proposal has now been adopted and … Continue reading

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Filed under Mediation (General), Mediation Pilot Schemes, USA

Mandatory mediation pilot proposed for New York state court

An advisory committee has recommended that the New York Supreme Court (the state court of first instance located in Manhattan) adopt a pilot programme for mandatory mediation in its Commercial Division, which exclusively hears complex commercial cases. While other New York … Continue reading

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Filed under Mediation (General), Mediation Pilot Schemes, USA

Brooklyn test program requires mediation in certain civil cases

The first instance state court in Brooklyn (Kings County) recently initiated a test program requiring civil cases to be mediated before proceeding to trial. The goal of the program is to alleviate some of the time and financial costs that … Continue reading

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Filed under Mediation (General), USA

Super Storm Sandy: New York’s Mediation Program Commences

In the wake of Super Storm Sandy, which caused devastation to parts of New York and surrounding areas on 29 October 2012, the New York Department of Financial Services has established a voluntary mediation process to resolve denied, disputed, or … Continue reading

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New Texas Rule for Expedited Civil Actions

In February of 2013, the Supreme Court of Texas issued Texas Rule of Civil Procedure 169, which designs a streamlined and expedited trial process for cases valued below $100,000 (excluding actions under the Family Code, Property Code, or Tax Code).  … Continue reading

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Filed under ADR, Mediation (General), USA

Rhode Island Pension Law referred to the Federal Mediation and Conciliation Service

A new law in the state of Rhode Island overhauling its pension plan is the focus of a dispute between the State and five public sector unions representing police, firefighters, teachers, and other government employees.  The mediation will be handled … Continue reading

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Filed under ADR, Mediation (General), USA

Federal Mediation and Conciliation Service Deputy Director Instrumental in National Hockey League Deal

The Federal Mediation and Conciliation Service (“FMCS”) and its Deputy Director, Scot L. Beckenbaugh, were instrumental in resolving the recent dispute between the National Hockey League (“NHL”) and the National Hockey League Players’ Association (“NHLPA”). The dispute arose in July 2012 … Continue reading

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Filed under ADR, Mediation (General), USA

USA: Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA), which is part of the United States Department of Labor, has announced that it is implementing an Alternative Dispute Resolution (ADR) pilot programme for certain whistleblower complaints.   OSHA’s mission is “to assure safe … Continue reading

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Filed under ADR, Employment, Government proposals and consultations, Mediation (General), USA

Case Study: settlement of mass claims arising out of World Trade Center litigation

Herbert Smith Freehills acts for the Lend Lease group of companies (LL LMB) in relation to the World Trade Center (WTC) clean-up litigation following the events of 9/11. Over 18,000 plaintiffs sued more than 50 defendants including the City of New York … Continue reading

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Filed under Australia, Insurance and Reinsurance, USA