by Marvin Schuldiner | Jun 21, 2022 | Commercial Mediation, Lawsuits
Perhaps you’ve heard the term summary judgment and always wondered about it. If so, read on. What is Summary Judgment? Generally speaking, trials in civil cases are about determining facts. The finder of fact, whether it is a jury or a judge (in bench trials),...
by Marvin Schuldiner | Jun 14, 2022 | Commercial Mediation, Lawsuits
In 2016, Massachusetts lawyer Robert Ambrogi wrote a blog post about a then-new service that attempted to “rank” attorneys based on their court results. The founders were two undergrads from Harvard University and the first covered state was Massachusetts...
by Marvin Schuldiner | Nov 5, 2014 | Commercial Mediation
I read with some intrigue (or was it puzzleness or sadness) about the legal fight over public records Gannett sought from Raritan Township. In New Jersey, we have the “Open Public Records Act” (OPRA) that specifies which records are available for...
by Marvin Schuldiner | Feb 1, 2010 | Arbitration, Commercial Mediation
Analogies between a finder of fact (a judge or jury) and referees or umpires (the arbiter of a game’s rules) are often made. It is open to debate whether the analogy firmly holds. However, it is often interesting to discuss whether any “neutral”...
by Marvin Schuldiner | Oct 31, 2009 | Commercial Mediation, Lawsuits
Much of what happens in a lawsuit is gamesmanship, especially during the discovery phase. Discovery comprises much of the pre-trial phase of litigation where each party seeks to understand what the other side(s) know, what documents they have pertaining to the...
