Articles in Channel: Alternative Dispute Resolution

Do You Have a Discovery Plan?

Katherine Gallo
September 01, 2010 17:30

As a discovery referee, I normally come into cases when there already is a problem. Either discovery in the case is out of control, or the antagonism among counsel is so great that the Law and Motion Judge is done dealing with the parties. In many instances, I see an all out war between counsel,...

WHAT SHOULD YOUR DISCOVERY MOTIONS LOOK LIKE?

Katherine Gallo
August 27, 2010 22:14

 Discovery motions are the banes of most attorneys’ existence and they are often relegated to the newbie in the office to prepare.  Young associates as well as other attorneys struggle on what needs to be in the papers and exactly how to convince the court that they should...

New Jersey Court Green Lights Provider-Patient Arbitration Agreements

August 25, 2010 14:55

       In two rulings handed down over the last two weeks, the Appellate Division of the Superior Court of New Jersey removed any doubt that New Jersey healthcare providers can enter into enforceable, pre-dispute agreements to arbitrate medical malpractice...

SANCTIONS--DENIED!!!

Katherine Gallo
August 20, 2010 20:23

When I started this blog I asked fellow attorneys what issues they would like me to address.  I received this response from a lawyer in San Francisco:  Key problem – judges that won't crack down on parties that lodge bogus objections and don't answer interrogs, and object to...

When an Apology is a Discovery Response

Katherine Gallo
August 11, 2010 18:00

Nine years ago, in the middle of a Deposition, defense counsel called plaintiff counsel a "Bitch." Plaintiff counsel immediately filed a motion for a Discovery Referee and I was appointed. The court ordered that I sit in on all the depositions and attend the site inspection. All communication...

A court is not obliged to read an arbitration clause

Konstantin Pilkov
August 10, 2010 14:06

This is another post in the Ukraine – arbitration-friendly jurisdiction set of comments. The Highest Economic Court of Ukraine being a body that is responsible for elaboration of the unified court practice of resolution of commercial disputes in Ukraine, adopted the ruling that answers the q...

You've Blown the Dreaded Draconian 45-Day Rule-Now What Do You Do?

Katherine Gallo
August 05, 2010 18:00

Motions to compel further responses to interrogatories, requests for productions of documents and requests for admissions require that the motion be filed within 45 days. CCP §§ 2030.300(c), 2031.310(c) and 2032.290(c)  Delaying the filing of the motion waives a party’s...

Are Your Objections Garbage?

Katherine Gallo
July 29, 2010 18:30

Not only are most objections garbage, we tend to recycle our garbage objections from one case to the next. Sometimes, we pick up other attorneys’ garbage objections and contribute to more litter. This is done over and over again without even thinking what it is doing to the environment of...

The Goddess of the Deposition

Katherine Gallo
July 21, 2010 19:11

A few months back I received an e-mail from a court reporter regarding a very unpleasant incident that occurred in a deposition. It went like this: So...during questioning the attorneys were apparently getting to a very sensitive area of inquiry -- and [Attorney #1] had already argued with...

Interrogatories--You have An Obligation to Respond in Good Faith

Katherine Gallo
July 17, 2010 17:10

 Imagine this:  At the beginning of the case you serve  interrogatories asking basic information about your case.  Thirty-five (35) days later you receive responses  that state for every  interrogatory: "Vague, ambiguous, overbroad, burdensome, oppressive,...