Category: Uncategorized
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How Should Arbitrators Deal With “Excess Evidence” and “Unreliable Evidence?”
By Leslie King O’Neal Hinkes v. Sunera Technologies, Inc.–Is “Excess Evidence” Grounds to Vacate Award? Sarah Hinkes sued her employer, Sunera Technologies, and two employees for alleged discrimination that violated federal statutes.[i] The lawsuit was stayed pending arbitration. The arbitrator ruled in the employer’s favor and the trial court confirmed the award. Hinkes moved to…
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ABA Forum on Construction Law: Books On Sale Now
By Leslie King O’Neal Just in Time for Summer Reading–All Books 20% Off until June 4, 2026 One of the Forum’s best kept secrets is that Forum members can purchase all books at a 20% discount for a week or so before and after each major meeting (mid-winter meeting, annual meeting, fall meeting). This is…
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Memorial Day & National Moment of Remembrance
By Leslie King O’Neal Honoring Those Who Made The Ultimate Sacrifice Our debt to the heroic men and valiant women in the service of our country can never be repaid. They have earned our undying gratitude. America will never forget their sacrifices.” — Harry S. Truman, 33rd U.S. President, 1945 History of Memorial Day Originally known as…
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Looking Back, Looking Forward: Lessons from the Last 50 Years
(And Resources for Construction Lawyers) By Leslie King O’Neal Looking Back: Construction Projects and Construction Law Over 50 Years Last week the ABA Forum on Construction Law celebrated its 50th anniversary by presenting a two-day program on Lessons Learned from the Last 50 Years on Project Execution and Claims Management. Nine plenary sessions covered topics…
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Law Day 2026: King Charles III, the Magna Carta and the Rule of Law
By Leslie King O’Neal Happy Law Day! May 1 is “Law Day,” honoring the “Rule of Law” in the United States. President Dwight D. Eisenhower established “Law Day” in 1958 to celebrate the rule of law in a free society.[i] The American Bar Association and many state and local bar associations mark the occasion with…
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Surety’s “Do Nothing” Strategy Backfires
By Leslie King O’Neal The “Do Nothing” Strategy is Risky in Arbitration Parties have options when faced with a demand for arbitration. They can participate in the arbitration process, receive the arbitration award and pursue confirmation or vacatur, if appropriate. Or parties can put their heads in the sand, choose to “do nothing” and simply…
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Honoring Dr. Martin Luther King, Jr.
By Leslie King O’Neal Today we honor the legacy of Dr. Martin Luther King, Jr. His words continue to inspire us to work for peace, justice and equal rights for all. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.…
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We Wish You A Merry Christmas!
The Construction ADR Toolbox wishes everyone a joyous holiday season and a happy new year. We are taking a short break, but we’ll be back in the new year with more news and insights about what is happening in the world of construction ADR. See you next year!
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