Court Cases

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 [...]

12 08, 2016

Neutrals Beware!

By |2017-05-13T07:42:07-07:00August 12th, 2016|Court Cases|0 Comments

In the past, I have posted more than one blog about the very fine line between puffing and misrepresentation in the course of negotiations. The audience I had in mind was both the parties and their counsel. ( See aslo, 2014  blog.) A recent appellate decision indicates that my earlier post applies to neutrals as well. [...]

27 05, 2016

Impasse Leads to Compromise

By |2016-05-24T15:14:33-07:00May 27th, 2016|Court Cases, Uncategorized|0 Comments

With the fast approaching end of the United States Supreme Court’s 2015-2016 term, the Supreme Court has been (and will be) issuing a flurry of decisions. One of them caught my attention because unlike all of its other decisions, it did not decide the matter but rather suggested engaging in alternative dispute resolution (ADR). In Zubik [...]

13 05, 2016

Who is a “Mediator”?

By |2017-05-13T07:42:47-07:00May 13th, 2016|Court Cases|0 Comments

A few weeks ago, some rulings of the Honorable Holly E. Kendig, Judge of Los Angeles County Superior Court, made the headlines in the local legal newspapers. Those rulings which among other things dismissed the case, were predicated on an earlier ruling which answered the question, “who is a mediator” and discussed mediation confidentiality. ( 2015-06-24-Ruling-on-Plaintiff_s-Motion-to-Compel-Further-Responses-to-I... ) At issue [...]