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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Defendants cited a contractual arbitration provision that mandated individual arbitration proceedings. In Parkin v.

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Conflicts Arising From Sanctions Motions: An Analytical Framework

WA Bar News

4, 2022) (unpublished), for example, a party opponent in an arbitration sought sanctions against a lawyer’s client for improperly withholding material information and the arbitrator imposed sanctions solely against the client. 25, 2021) (unpublished) (CR 11 sanctions against lawyer only for asserted frivolous legal arguments).

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

Alternative Dispute Resolution (ADR) Or Settlement : Many jurisdictions, parties engaged in civil litigation may explore alternative dispute resolution methods such as mediation or arbitration to resolve their issues outside the courtroom.

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Document Review: Essential Strategies for Legal Professionals in Corporate and Contract Law

Destination Articles Blog

This strategic aspect of document review is crucial for legal success, helping to mitigate risks and shape effective legal arguments. By meticulously reviewing contract documents, lawyers can verify that the terms are enforceable and aligned with their client’s interests and legal requirements.