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...
by Marvin Schuldiner | Jan 3, 2009 | Commercial Mediation, Lawsuits
The saga of the $54 million lost pants lawsuit appears to finally be over. As you will recall, a judge in DC sued a cleaner for $54 million for losing a pair of pants. Roy Pearson subsequently lost the lawsuit and his job as a judge (in part due to the lawsuit). ...
by Marvin Schuldiner | Sep 10, 2008 | Commercial Mediation
Yesterday, the American College of Trial Lawyers and the Institute for the Advancement of the American Legal released a report entitled “Interim Report on Problems Associated with Discovery”. Discovery is the pre-trial process where each side engaged in...
