Month: May 2017

Methods for Impeaching a Witness with Prior Testimony While Keeping Them From Quibbling About It

May 21, 2017 Jay Young No Comments

We have all been there. During trial a witness testifies inconsistently with her prior testimony. So you dutifully pull out the transcript to impeach her. Here is a method I have found that works to limit the witness’ ability to wiggle out of prior testimony.

First, commit the witness to the testimony she gave under oath today. Say something like “on direct examination, you testified that the light was green for southbound traffic on Rainbow when you entered the intersection, correct?” Make sure you are quoting the prior testimony as closely as possible in order to avoid having the witness quibble.

Business Law, J, Litigation

The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?

May 16, 2017 Jay Young No Comments

For large, complex arbitration, some parties negotiate for and require three arbitrators to hear their dispute. The problem with this approach, according to the American Arbitration Association (the “AAA”), is that three-arbitrator panels cost the parties on average 5 times as much as a single arbitrator case. The AAA suggests there may be a more cost efficient…

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause

May 12, 2017January 9, 2024 Jay Young No Comments

An opinion recently issued by the 9^th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs. The case is Mohamed v. Uber Technologies, Inc. It stands for the propositions that: 1) an arbitration agreement may delegate the question of arbitrability to an arbitrator despite federal policy that courts should decide arbitrability; and 2) an arbitration agreement containing a clear-opt out provision is neither adhesive nor unconscionable.

This decision should encourage us to write better arbitration clauses so that we can better control the litigation environment.

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Las Vegas, Nevada Top Arbitrator

May 7, 2017February 5, 2024 Jay Young No Comments

Jay Young is a top arbitrator in Las Vegas, Nevada. ADR Certified since 1994. Additional 40 hour certification and graduate of Pepperdine Law’s Strauss Institute for Dispute Resolution’s “Advanced Mediation: Skills and Techniques” program. Jay is a Nevada Supreme Court Settlement Judge (mediator), a Judge Pro Tem, a Special Master and Advanced Resolution Management. Contact him at (855) 777-4476….