Court Cases

7 06, 2019

Mandatory but Not Jurisdictional!

By |2019-06-04T13:32:31-07:00June 7th, 2019|Court Cases|0 Comments

 In sum, a rule may be mandatory without being jurisdictional, and Title VII’s charge filing requirement fits that bill. Fort Bend County, Texas v. Davis, U.S.S.CT. Case No. 18-525, (June 3, 2019) Slip Opinion at 11. Lois M. Davis worked for Ford Bend County, Texas in its information technology department. In 2010, she complained that [...]

17 05, 2019

The “ABC Test” is Retroactive!

By |2019-05-07T16:00:31-07:00May 17th, 2019|Court Cases|0 Comments

In 2018, the California  Supreme Court  drastically changed the employment law landscape in California by adopting the “ABC Test” for determining whether workers are employees ( and not independent contractors) under California wage order laws: Under this test, a worker is properly considered an independent contractor to whom a wage order does not apply only [...]

10 05, 2019

Parking Tickets and the Fourth Amendment!

By |2019-05-07T15:17:43-07:00May 10th, 2019|Court Cases|0 Comments

There is one thing about lawyers: they can be very creative. The Sixth Circuit Court of Appeals issued an opinion  in late April that, while having absolutely nothing to with mediation except to encourage brainstorming and “out of the box” thinking, is worth noting. So- spoiler alert- this blog has nothing to do with mediation [...]

5 04, 2019

Retaining Jurisdiction Just Got Tougher!

By |2019-04-04T09:59:27-07:00April 5th, 2019|Court Cases|0 Comments

Normally, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included within the settlement agreement  are provisions that the settlement agreement may be enforced by [...]

5 01, 2018

Registration Renewal Fees Denied Under  the Song Beverly Consumer Warranty Act

By |2018-01-04T12:00:13-07:00January 5th, 2018|Court Cases|0 Comments

As I have mentioned quite a few times in my blogs, I mediate a lot of lemon law cases or cases filed under California’s Song-Beverly Consumer Warranty Act (Civ. Code section 1790 et seq. (“Act”). In many of my mediations, once the defendant vehicle manufacturer agrees to repurchase the vehicle, the plaintiff demands that all [...]

15 12, 2017

You Must Actually Ask For it!

By |2017-12-07T16:28:57-07:00December 15th, 2017|Court Cases|0 Comments

Many mediations end in settlement at which point the parties draft a settlement agreement. California law provides a summary procedure by which the parties can enforce the settlement agreement if the spirit of compromise does not continue after the mediation. Code of Civil Procedure Section 664.6 provides: 664.6.   If parties to pending litigation stipulate, in [...]

16 06, 2017

Aren’t My Notes Confidential?

By |2017-05-30T15:36:39-07:00June 16th, 2017|Court Cases, Uncategorized|1 Comment

I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the firm for gender discrimination, claiming, [...]

2 09, 2016

The Ninth Circuit Reaffirms Federal Mediation Privilege

By |2017-01-09T11:59:23-07:00September 2nd, 2016|Court Cases|0 Comments

Once again, the Ninth Circuit Court of Appeals has held that pursuant to Federal Rule of Evidence 501, federal privilege law applies to a claim of mediation confidentiality in an action involving both federal and state law claims. In In Re: TFT-LCD (Flat Panel) Antitrust Litigation, Case No. 14-15916 (filed September 1, 2016), the Ninth [...]