PROCESS OVER EVIDENCE: ARE THE FEELINGS MUTUAL ? PROCESS OVER EVIDENCE ARE THE FEELINGS MUTUAL ? Feelings ! Rarely do we talk about that in the Arbitration Blog. Judge Judy is fond of saying ‘how you feel does not matter to me’. Her focus on the Evidence in support of the party’s narratives. At … Continued
FOR ARGUMENT’S SAKE: YOUR BURDEN VS. OUR BURDEN FOR ARGUMENT’S SAKE YOUR BURDEN VS. OUR BURDEN Straightforward Question – the Applicant has the burden of proving negligence in this case. They must show liability resides with ABCD Insurance. This should be done through independent Evidence such as Police Reports; statements of witnesses; etc. Efforts … Continued
ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT ATTENDING TO THE INATTENTION BE SWIFTY ABOUT IT Could be those Chicken McNuggets … could be the Son that literally tossed a tablet from the back seat to the front or it could be you FINALLY got the bot to accept your efforts to snag those … Continued
APPEALING TO THE LOGIC THE CHALLENGE WITHIN THE CHALLENGE APPEALING TO THE LOGIC THE CHALLENGE WITHIN THE CHALLENGE Interps; PDI’s; Clerical or Jurisdictional Errors; Appeals … all part of a methodology known as contesting an Award. Now, we all know the final and binding nature of Arbitration notwithstanding certain scenarios; forums or claim amounts … Continued
THE WAITING IS THE HARDEST PART CONFRONTING THE DEFERRED CASE THE WAITING IS THE HARDEST PART CONFRONTING THE DEFERRED CASE Tom Petty said it so I guess I will too … having to pause my case for a year before my subrogation claim can be heard in Arbitration; a bit like when your favorite … Continued
RECOVER THE PROOF RECOVER THE MONEY THE VALUE OF STATEMENTS RECOVER THE PROOF RECOVER THE MONEY THE VALUE OF STATEMENTS Joanne … ‘It doesn’t matter what I believe. It only matters what I can prove.’ The straightforward line from Lt. Daniel Kaffee (Tom Cruise) to Demi Moore in the Academy Award nominated A Few … Continued
THE THREE ARBITRATOR PANEL WHATEVER HAPPENED ? THE THREE ARBITRATOR PANEL WHATEVER HAPPENED ? Truth is … I just don’t see it anymore. Truth is … I wish I did. Truth is … I’m not sure why ? Thought about writing about it in the series on Defensive Arbitration I just completed. I’ll explain … Continued
ARBITRATION EDUCATION ARBITRARY VIEWS ON SKILL DEVELOPMENT ARBITRATION EDUCATION ARBITRARY VIEWS ON SKILL DEVELOPMENT The last 105 degree day may have hit here in Dallas; kids are going back to school and tailgating season underway. A great time to share some thoughts on one of my favorites topics … Arbitration education. 30+ courses created … Continued
IT’S IN YOUR INSURED’S INTEREST THE LABOR DAY CONNECTION TO SUBRO ARB. IT’S IN YOUR INSURED’S INTEREST THE LABOR DAY CONNECTION TO SUBRO ARB. Coming up on Labor Day and I’m reminded that’s how I got my start in this whole business ! Indeed, I started as a Case Administrator overseeing the Labor Arbitration … Continued
GETTING DEFENSIVE ABOUT ARBITRATION PART TWENTY: ‘THE DEFENSE RESTS’ GETTING DEFENSIVE ABOUT ARBITRATION PART TWENTY: ‘THE DEFENSE RESTS’ 20 Blogs on Defensive Arbitration … that should be enough to prevail on its own with our commitment that the Applicant take the proverbial $ 0.00. That said … let’s review all that we covered over … Continued