Arbitration Experience

ARBITRATION DISPUTE RESOLUTION EXPERIENCE

Mr. Polsky has demonstrated a unique ability to resolve particularly complex and/or highly emotional cases as a mediator, arbitrator and discovery referee. He is available worldwide. Alex has resolved thousands of complex commercial and serious injury disputes and was named one of the "Top 20" mediators and arbitrators in California by the Daily Journal. Local bar associations' annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator. He is regarded as a fair adjudicator who follows the law and applies the law to the facts as presented. Arbitrator reviews by various organizations have commented that Mr. Polsky is prepared to manage the proceeding to secure its conclusion in the time reserved, does not dilute the issues or resolution and treats all parties and witnesses with courtesy and fairness. Mr. Polsky has served as both party arbitrator and neutral arbitrator in commercial litigation, insurance bad faith, medical negligence and governmental claims. He has presided over in excess of 1000 disputes in arbitration.

Mr. Polsky has arbitrated cases throughout the United States. He is an adjudicator under the Federal CARP program and an approved Kaiser Neutral.

REPRESENTATIVE ARBITRATIONS HANDLED BY MR. POLSKY

• Attorney errors and omissions in connection with IPO secondary to the nationwide acquisitions of physical therapy offices and creation of a national network. Involved more than 45,000 documents and 100 hours of testimony. Federal suit with venue in Louisiana.
• Exposure to toxins as a result of improper cleanup of non-superfund landfill site.
• Insurance Bad Faith claim for denial of indemnity and defense following NASD suspension of trading, SEC investigation into possible Section 5 violations and investigation into issuance of fraudulent shares.
• Hundreds of personal injury, wrongful death and product liability cases, pursuant to stipulation of the parties.
• Construction delay claim in connection with municipal water reservoir project. Claim by municipality against general contractor and cross claims seeking payment of withheld sums.
• Claim of contractor to recover unpaid fees for construction of luxury home, as well as cross claim by homeowner for defective construction.
• Architectural errors and omissions claim by municipal agency in connection with municipal building project and set-off claims for value-added improvements and delay payments.
• Dissolution of law firm and apportionment of assets, cases and post dissolution revenue.
• Dissolution of dental practice.
• Dental malpractice cases.
• Veterinary malpractice cases.
• Patent and copyright claims.
• Claims by homeowner associations against members for violation of CCR.
• Hundreds of uninsured motorist arbitrations.
• Adjudicator of claims by black farmers (Black Farmer consolidated cases against the US Government) in connection with wrongful denial of FEHA loans by US Government agencies to over 45,000 farmers throughout the United States.
• Employment arbitrations pursuant to clauses in employment agreements.
• Neutral fact finder in employment, harassment and workplace issues.
• Numerous complaints of excessive attorney fees. Mr. Polsky has lectured on this subject for the California Bar and has testified as an expert in this field.
• Numerous medical negligence cases, as both neutral and party arbitrator. These have included cases with allegations of:
  • Failures to timely administer chicken-pox vaccine to expectant mother resulting in brain injury to, and eventual death of, newborn.
  • Delay in delivery and improper staffing of neonatal unit of county hospital resulting in asphyxia and brain injury in newborn child.
  • Sexual activity by dentist of sedated patient.
  • Sexual affair between psychiatrist and patient.
  • Nerve severing during procedure to remove cyst of wrist of patient who played classical violin.
  • Death of patient in context of Elder Abuse case where facility allegedly did not administer proper care, notify treating physician or timely transport patient to hospital with concomitant claim against hospital for return of patient to the facility.
  • Unnecessary surgery to remove herniated disc(s).
• Improper and excessive use of cocaine in procedure to correct nasal deformity resulting in a hole in the septum.