Tony Lathrop

Two recent arbitration cases offer important lessons for attorneys navigating both commercial and consumer disputes. Associated Asphalt Partners, LLC v. Asphalt Paving Systems, a lengthy breach of contract case, highlights the complexities when a designated arbitrator dies mid-proceeding, underscoring the value of using a well-known arbitration forum and avoiding ambiguous terms. Meanwhile, Alvarez v. Hackensack reminds attorneys of the procedural rules that govern arbitration, such as timely requests for hearing transcripts. In their latest editorial the New Jersey Law Journal Editorial Board explains why, together, these cases emphasize the importance of thoughtful drafting and understanding arbitration rules to avoid unnecessary delays and litigation. Robert Bartkus, of counsel at Anselmi & Carvelli, LLP, is a member of the Editorial Board. Read editorial here: 🔗 https://lnkd.in/gaN98pH7 #ArbitrationLaw #LegalInsight #ABA #AmericanArbitrationAssociation #DisputeResolutionRobert

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Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable - John Lundin https://lnkd.in/eS9CifZ4 On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . <a class="more-link" href="https://lnkd.in/epmkCfHy">Continue reading <span class="screen-reader-text">Corporate Officer Liable for Corporation’s Conversion of Funds</span></a>

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Kahana Feld Partner and Chair of the Construction Defect practice group, Ivette Kincaid and Senior Attorney, Alexa Stephenson's article "Risk Transfer: The Souffle of Construction Litigation" has been published in the Summer 2024 Edition of the CLM Alliance (Claims and Litigation Management Alliance) Construction Claims Magazine. Ivette and Alexa's article shares a wealth of information and gives you the steps to plan for an effective risk transfer. Read it here: https://lnkd.in/gp2qXbJQ #risktransfer #constructiondefect

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In a new AccountsRecovery.net Compliance Digest column, Hinshaw partner David Schultz analyzes a recent California District Court ruling regarding vicarious liability claims made under the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. David argues that the case illustrates why the defense bar must contest any suggestion that vicarious liability is appropriate under the FDCPA. He explains that vicarious liability comes out of tort and agency law, not strict liability statutory law, and therefore “should have no place in the FDCPA.” Read our summary: https://lnkd.in/g-52D6jQ #DebtCollection #ConsumerFinance #Finance #Legal #FDCPA

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In this Law360 article, Sidley Transportation lawyers Matt Warren and Allison Davis discuss the need for the Surface Transportation Board to further revise its ex parte communication rules to improve stakeholder engagement and regulatory processes. Their insights highlight the benefits of expanded communication timeframes and increased staff involvement in informal rulemakings. Read their full analysis on how these changes could lead to more effective regulations here, https://bit.ly/4eevps9.

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The Unfair and Deceptive Trade Practices Act offers the lure of treble damages and attorneys' fees, but its threshold requirements can lead to a common pitfall that practitioners can face. This article explores the definition of commerce and highlights examples of how interpretive side effects can impact case outcomes. To learn more, click the image below to read the article by Killian Wyatt and Camden Webb. #litigation #legalalert #commerce

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BEWARE OF THE CORPORATE TRANSPARENCY ACT - An Alert from the PBA Professional Liability Committee If you have not yet heard of the Corporate Transparency Act or have not yet evaluated its potential application for your firm, take immediate action. There is a fast-approaching and non-extendable filing deadline of Jan. 1, 2025, to file an initial beneficial ownership report that may apply to your law firm. There is also a risk of an already missed deadline. There may be steep civil and criminal penalties for noncompliance. For further information, visit www.fincen.gov/boi. Do not delay, protect yourself and your firm!

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Get insight into the aftermath of the Francis Scott Key Bridge collapse! Legal experts weigh in on potential coverage disputes and subrogation claims. Don't miss Partner Michael Savett's analysis!   •   •   •   https://lnkd.in/ebtRFGJD #InsuranceLaw #LegalInsights #Subrogation #ButlerLegal

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Partner Quinn Murphy was interviewed for an article entitled "Legal Q and A: Personal liability for company problems," published by The Construction Broadsheet. This article addresses various legal issues related to personal liability in the construction industry, highlighting the importance of clear personal guarantees, the typical immunity of project managers from liability for work quality, and the limitations of debt discharge under Chapter 7 bankruptcy. To read the full article, please click here: https://lnkd.in/eDQyEBWm #constructionlaw #constructionlawyer #constructionindustry #lawyer #attorney #law #lawfirm #legal #litigation #grsm #gordonrees #your50statelawfirm

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The proposed amendments to the Florida Rules of Civil Procedure address pretrial procedures, discovery and motion practice, and trial and summary judgment. These changes aim to streamline the currently cumbersome process. Thank you to Jessica Kopas for detailing these proposed changes in our latest DE Insight. https://hubs.ly/Q02CD3ZQ0 #civillitigation #civillaw #floridalaw #DEinsights #businesslitigation #litigationattorney

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Mintzer Sarowitz Zeris & Willis PLLC has broad expertise in defending a variety of professionals in malpractice and other professional liability disputes, including in arbitrations, state and federal court cases and appeals. For more information on this practice area, visit: https://lnkd.in/etHpssXq #practiceareas #legal #law #lawfirm #lawfirmlife #DefenseCounsel #MintzerSarowitz #MSZW

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Uninsured Drivers Are Accountable for the Damages They Cause If you are the victim of a car crash caused by an uninsured driver, an attorney can help you recover compensation for the damages they caused. Cheney Galluzzi & Howard can help you understand your options for holding the at-fault driver accountable. Learn more here. https://lnkd.in/gZfeH4ZF

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Subject matter jurisdiction had a banner year in 2023 at the U.S. Court of Appeals for the Federal Circuit. Shane Hannon discusses three recent cases out of the Federal Circuit, explains lower courts’ adjustments to the implications of these decisions, and suggests ways contractors filing at the Court of Federal Claims can utilize procedural rules to advance their claims in this article published in The Procurement Lawyer, an American Bar Association publication. Learn more: bit.ly/4c8LXAg #governmentcontracts #FederalCircuit

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BAST AMRON LLP attorneys Jeffrey Bast and Hunter Grasso and senior paralegal Jorge Miranda, Jr. successfully negotiated the resolution of two proofs of claim totaling over $100 million and related plan and confirmation objections, enabling the debtors to confirm their respective chapter 11 plans in related cases. Congratulations to the team! Click on the link to read more. https://lnkd.in/eG3VDutx. #insolvencylitigators #insolvencyandbankruptcy #insolvencyandrestructuring #Bankrutpcyinsights

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