Strategies For Transportation Litigation And Dispute Resolution

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Strategies for Transportation Litigation and Dispute Resolution

Author : Thomson Reuters Westlaw; Aspatore
Publisher :
ISBN 13 : 9780314291516
Total Pages : 276 pages
Book Rating : 4.2/5 (915 download)

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Book Synopsis Strategies for Transportation Litigation and Dispute Resolution by : Thomson Reuters Westlaw; Aspatore

Download or read book Strategies for Transportation Litigation and Dispute Resolution written by Thomson Reuters Westlaw; Aspatore and published by . This book was released on 2013-12-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategies for Transportation Litigation and Dispute Resolution provides an authoritative, insiders perspective on building a defense against violations and claims in the trucking, aviation, shipping, and railroad industries. Featuring experienced partners from law firms across the nation, these experts outline the impact that changes in regulations overseen by the Federal Motor Carrier Safety Administration, Federal Aviation Administration, Financial Industry Regulation Authority, and Surface Transport Board have had on litigation strategies. These top lawyers offer specific advice on understanding the nature of the accident or violation, conducting industry-specific discovery, and counseling clients on investigation procedures. From keeping up-to-date on trucking, aviation, shipping, and railroad safety regulations to helping clients remain objective about their case during the litigation and settlement process, these experts discuss the biggest challenges attorneys face in transportation litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this evolving legal field.

A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes

Author : Earl Johnson
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes by : Earl Johnson

Download or read book A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes written by Earl Johnson and published by . This book was released on 1978 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Managing Transit Construction Contract Claims

Author : Joel T. Callahan
Publisher : Transportation Research Board
ISBN 13 : 9780309061155
Total Pages : 60 pages
Book Rating : 4.0/5 (611 download)

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Book Synopsis Managing Transit Construction Contract Claims by : Joel T. Callahan

Download or read book Managing Transit Construction Contract Claims written by Joel T. Callahan and published by Transportation Research Board. This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers information from selected transit agencies about the underlying causes of construction disputes and practices in use today to identify and resolve them before they become formal claims. The synthesis focuses on avoidance and resolution of disputes, examines ways of settling disputes at their inception, and considers the experiences of the transit industry in the use of alternative dispute resolution techniques.

Unbundled Legal Services

Author : Forrest S. Mosten
Publisher : ABA Section of Family Law
ISBN 13 : 9781634259217
Total Pages : 348 pages
Book Rating : 4.2/5 (592 download)

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Book Synopsis Unbundled Legal Services by : Forrest S. Mosten

Download or read book Unbundled Legal Services written by Forrest S. Mosten and published by ABA Section of Family Law. This book was released on 2017 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.

Tips for Handling Transportation Litigation Since Deregulation

Author : Hyman Hillenbrand
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Tips for Handling Transportation Litigation Since Deregulation by : Hyman Hillenbrand

Download or read book Tips for Handling Transportation Litigation Since Deregulation written by Hyman Hillenbrand and published by . This book was released on 1984 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resolution of Disputes to Avoid Construction Claims

Author : Barry B. Bramble
Publisher : Transportation Research Board
ISBN 13 : 9780309058582
Total Pages : 52 pages
Book Rating : 4.0/5 (585 download)

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Book Synopsis Resolution of Disputes to Avoid Construction Claims by : Barry B. Bramble

Download or read book Resolution of Disputes to Avoid Construction Claims written by Barry B. Bramble and published by Transportation Research Board. This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

Mobile-Based Transportation Companies, Mandatory Arbitration, and the Americans with ‎Disabilities Act ‎

Author : Tamar Meshel
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Mobile-Based Transportation Companies, Mandatory Arbitration, and the Americans with ‎Disabilities Act ‎ by : Tamar Meshel

Download or read book Mobile-Based Transportation Companies, Mandatory Arbitration, and the Americans with ‎Disabilities Act ‎ written by Tamar Meshel and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uber, Lyft, DoorDash and similar mobile-based transportation network companies (TNCs) have ‎been involved in numerous legal battles in multiple jurisdictions. One contested issue concerns ‎TNCs' use of mandatory (pre-dispute) arbitration clauses in their standard form service ‎agreements with both drivers and passengers. These arbitration clauses purport to obligate such ‎future plaintiffs to resolve any dispute with the defendant TNC outside of court and, typically, ‎on an individual rather than a class basis. In particular, TNCs have been increasingly litigating ‎disability-based discrimination claims brought against them and/or their drivers pursuant to the ‎Americans with Disabilities Act (ADA). These claims have largely arisen in two situations, ‎examined in this article. ‎The first situation is where the plaintiffs have not downloaded or used the defendant TNC's ‎mobile application due to the absence of accessible vehicles. These “potential passengers” have ‎brought discrimination claims against the defendant TNC in court for its failure to provide ‎accessible vehicles that they could use. TNCs in such cases have raised two main lines of ‎arguments: an ADA-based argument and an arbitration-based argument. The TNCs' ADA-based ‎argument posits that the plaintiffs do not have standing to bring the discrimination claims under ‎the ADA since they had not in fact used the TNC's mobile application and therefore have not ‎suffered the required “injury” to have standing under the Act. Where the plaintiff potential ‎passengers have been found to have such standing nonetheless, the TNCs have put forward an ‎alternative arbitration-based argument -- that the plaintiffs should be bound by the arbitration ‎clause contained in the service agreement, which they did not sign, and that their claims should ‎therefore be referred to arbitration. ‎The second situation in which disability-based discrimination claims under the ADA have been ‎brought against TNCs is where the plaintiffs downloaded the mobile application, agreed to the ‎terms of service, and used the ride-share services. These plaintiff passengers are then typically ‎obligated to argue their discrimination claims in arbitration in light of the arbitration clause ‎contained in the TNCs service agreement. Indeed, TNCs seem to prefer arbitration to litigation ‎in court, a preference that some have criticized as a strategy designed to prevent plaintiffs from ‎vindicating their legal rights. However, a recent arbitration decision rendered against Uber in an ‎ADA discrimination case discussed in this article illustrates that arbitration is able to provide ‎the same legal protection to plaintiffs' rights as a court. ‎

Avoiding or Minimizing Construction Litigation

Author : Jonathan J. Sweet
Publisher : John Wiley & Sons
ISBN 13 : 9780471546177
Total Pages : 478 pages
Book Rating : 4.5/5 (461 download)

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Book Synopsis Avoiding or Minimizing Construction Litigation by : Jonathan J. Sweet

Download or read book Avoiding or Minimizing Construction Litigation written by Jonathan J. Sweet and published by John Wiley & Sons. This book was released on 1993-03-10 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.

A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes

Author : Earl Johnson
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes by : Earl Johnson

Download or read book A Preliminary Analysis of Alternative Strategies for Processing Civil Disputes written by Earl Johnson and published by . This book was released on 1977 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution

Author : Wisconsin. Department of Transportation
Publisher :
ISBN 13 :
Total Pages : 4 pages
Book Rating : 4.:/5 (565 download)

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Book Synopsis Alternative Dispute Resolution by : Wisconsin. Department of Transportation

Download or read book Alternative Dispute Resolution written by Wisconsin. Department of Transportation and published by . This book was released on 2003 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Complying with Transportation Regulations

Author : Thomas Reuters
Publisher :
ISBN 13 : 9780314291752
Total Pages : 112 pages
Book Rating : 4.2/5 (917 download)

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Book Synopsis Complying with Transportation Regulations by : Thomas Reuters

Download or read book Complying with Transportation Regulations written by Thomas Reuters and published by . This book was released on 2014-01-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complying with Transportation Regulations provides an authoritative, insiders perspective on helping clients avoid mistakes that could potentially lead to violations in the aviation and maritime industries. Featuring experienced partners from law firms across the nation, these experts explore key legislation involving the Department of Transportation and the Federal Maritime Commission, and also outline the reasons behind increased regulations. These top lawyers offer specific advice on implementing, monitoring, and reviewing detailed training and auditing programs, responding to investigation notices, and encouraging clients to consult counsel when preparing to bring a case to trial. From understanding the intricacies of industry-specific laws to maintaining up-to-date compliance strategies, these experts follow trends in case law and describe the penalties for non-compliance with those changes. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this developing legal field.

Dispute Resolution in the Insurance Industry

Author : Anne Elizabeth Grant
Publisher : Canada Law Book
ISBN 13 : 9780888043467
Total Pages : 183 pages
Book Rating : 4.0/5 (434 download)

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Book Synopsis Dispute Resolution in the Insurance Industry by : Anne Elizabeth Grant

Download or read book Dispute Resolution in the Insurance Industry written by Anne Elizabeth Grant and published by Canada Law Book. This book was released on 2000 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business Dispute Resolution

Author : Thomas D. Cavenagh
Publisher : South Western Educational Publishing
ISBN 13 :
Total Pages : 246 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Business Dispute Resolution by : Thomas D. Cavenagh

Download or read book Business Dispute Resolution written by Thomas D. Cavenagh and published by South Western Educational Publishing. This book was released on 2000 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cavenagh (business law and conflict resolution, North Central College, Illinois) sets out the details of the dispute resolution programs at nine successful companies, describes the companies' reasons for creating the programs, assesses the programs, and predicts trends in law and business relating t

Strategic Management for Transport and Logistics

Author : Richard Skiba
Publisher : After Midnight Publishing
ISBN 13 : 1763611256
Total Pages : 1123 pages
Book Rating : 4.7/5 (636 download)

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Book Synopsis Strategic Management for Transport and Logistics by : Richard Skiba

Download or read book Strategic Management for Transport and Logistics written by Richard Skiba and published by After Midnight Publishing. This book was released on 2024-07-06 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive guide to the various facets of the transport and logistics industry, providing detailed insights into each sector and the jobs within them. The introduction sets the stage, explaining the importance of the industry and its vast scope. The text delves into the different sectors within transport and logistics, highlighting the diversity and complexity of the industry. It offers a detailed look at the various jobs available, giving readers an understanding of potential career paths. Logistics is defined and explored, laying the groundwork for understanding the subsequent sections. Maintaining operational procedures is emphasized, ensuring that transport and logistics enterprises run smoothly and efficiently. The book is dedicated to monitoring the safety of transport activities, emphasizing the importance of safety in operations. Managing international freight transfer is thoroughly covered, addressing the challenges and strategies involved in global logistics. Focus shifts to managing a supply chain, offering strategies for effective supply chain management. Managing facility and inventory requirements is discussed, highlighting its crucial role in maintaining efficient operations. The implementation and monitoring of transport logistics are covered, providing practical advice on ensuring logistics operations are effective. Export logistics are explored, detailing the specific requirements and challenges of exporting goods. Establishing international distribution networks is outlined, offering strategies for global expansion. The text also discusses developing, implementing, and reviewing purchasing strategies, highlighting the importance of procurement in logistics. The implementation and monitoring of environmental protection policies and procedures are emphasized, underscoring the industry's responsibility toward sustainability. Managing work area safety is reinforced, highlighting the importance of a safe working environment. Finally, the book covers managing people performance, providing insights into effective leadership and management practices within the transport and logistics industry. Overall, it is a thorough resource for anyone involved in or interested in the transport and logistics sector.

Dispute Resolution Strategies for Construction Projects

Author : D. Sean McCone
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (54 download)

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Book Synopsis Dispute Resolution Strategies for Construction Projects by : D. Sean McCone

Download or read book Dispute Resolution Strategies for Construction Projects written by D. Sean McCone and published by . This book was released on 2002 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theory, Law and Practice of Maritime Arbitration

Author : Eva Litina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina

Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.