Blog
Meet Our Mediators: Carl Schwait
In this installment of “Meet Our Mediators”, we learn more about Carl Schwait. Familiar to many of you, Carl joined us recently after a 39-year career as an accomplished personal injury trial attorney and has added to both our professional and geogr... Read More
By Richard Lord
Meet Our Mediators: Art Garcia
From helping to comfort and cure as an EMT and RN, to serving his country in the United States Marine Corps, Art Garcia has sought opportunities to serve. In this edition of “Meet Our Mediators”, Art, one of our newest mediators, is interviewed. s a... Read More
By Richard Lord
Meet Our Mediators: Al Tetrault - IN MEMORIAM
The second installment of Meet Our Mediators, written in October 2016, focuses on Albert R. Tetrault, who died in December 2018. He had a wealth of experience outside the legal field and as a mediator. He joined the UWWM panel earlier in 2016. He had... Read More
Meet Our Mediators: Don Weidner
"As we will present our newest panelists first, we begin with Florida State College of Law Dean Emeritus Donald J. “Don” Weidner. Dean Weidner, after a distinguished career in academia and educational leadership joined our team in August. Don has to... Read More
By Richard Lord
Part 2: The Wrong for Which There Is No Legal Remedy
A plaintiff in an institutional child sexual assault case had argued that his claims were timely under the doctrine of equitable estoppel. In rejecting this argument the court reasoned that, in order to find that the defendant was equitably estopped ... Read More
The Wrong for Which There Is No Legal Remedy
Numerous courts around the country have applied the delayed discovery doctrine to cases alleging childhood sexual abuse where the emotional response resulting from childhood molestation, “often coupled with authoritative adult demands and threats for... Read More
Part 2: Trial May Be a Rarity, but Trial Lawyers Are Not
Part 2: In its analysis, the Court concluded that there was no showing or finding that without the prospect of a multiplier to an otherwise reasonable fee award, the Plaintiffs would have had difficulty finding competent counsel. The court held that ... Read More
Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not
As noted by the Court, the facts of the case are pretty straightforward. The insured homeowners suffered a loss when a refrigerator water line broke and caused some flooding inside their house. They sought coverage from their insurer under their prop... Read More
Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court
Every now and then some of your failures come back to humble you. Little did I know that after 15 years mediating cases, my 25 years as a civil litigator would result in a conflict case that may go to the Supreme Court of Florida. That may happen in... Read More
Ricardo Cata Moderates, Chairs Program Discussing Mediation Method for Resolving U.S.-Cuba Disputes
On Wednesday, April 13, 2016, I chaired and moderated a program at the ABA's International Section's Spring Meeting in New York City, presented by the Mediation Committee of the International Section, titled: "The Role of Mediation in Resolving the U... Read More
By Ricardo Cata
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