by Dan van der Burg | Apr 29, 2026
Credibility runs through everything I do as a mediator. It runs through every brief I read, every opening I hear, and every number that ultimately lands on the table. It is not a side issue. It is not something that gets sorted out neatly at trial while the rest of...
by Dan van der Burg | Apr 25, 2026
When I wrote my recent Substack “Riddle Me This: Life, Death and the Burden of Proof”[1], the central tension remained unresolved. The law had declared a man dead. The evidence suggested otherwise. The question was whether the system would prioritize certainty or...
by Dan van der Burg | Apr 24, 2026
The Illusion of PrecisionCivil litigation likes to present itself as a system of precision. Judges assign percentages. Juries weigh fault. Experts debate causation down to the decimal point. On paper, it looks like a clean exercise in dividing responsibility. From my...
by Dan van der Burg | Apr 18, 2026
News of a recent ground collision involving Air Canada at a New York airport where an aircraft struck an airport fire vehicle[1] has put a spotlight on a part of aviation law that most litigators rarely touch. These incidents are uncommon, but when they occur, they...
by Dan van der Burg | Apr 14, 2026
In my earlier piece, “Captured Audience: The Emerging Case for Social Media Liability”[1], I suggested that while the theory of “addictive design” had begun to gain traction in the United States, it had not yet produced a trial-level finding of liability. That...
by Dan van der Burg | Apr 12, 2026
I recently came across a Reuters[1] article titled “Meta must face youth addiction lawsuit by Massachusetts, court rules”, reporting on a decision of the Massachusetts Supreme Judicial Court that, in my view, is far more significant than the headline suggests. In...
