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2 09, 2016

The Ninth Circuit Reaffirms Federal Mediation Privilege

By | September 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 | August 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 | May 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 | May 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 [...]

12 02, 2016

Recent Developments in Mediation Confidentiality

By | February 12th, 2016|Court Cases, Legislature, Mediation, News articles|0 Comments

Two developments occurred regarding mediation confidentiality during the first week of February. First, on Monday, February 1, 2016, the Ninth Circuit Court of Appeals heard oral argument in Craig Milhouse v. Travelers Commercial Insurance, Case Nos. 13-56959 and 13-57029.  Dr. and Mrs. Milhouse suffered the total loss of their home in Yorba Linda, California in [...]

5 02, 2016

Is There a “Gorilla in the Room”?

By | February 5th, 2016|Court Cases|0 Comments

In January 2016, the Second Appellate District of the California Court of Appeal decided a case in which the issue was essentially caused by the Legislature’s refusal to fund the judiciary. In Castillo v DHL Express (USA) et al, Case No. B25843, ( B258432 )   plaintiff filed a class action complaint alleging wage and hour violations committed [...]

29 01, 2016

An Offer to Settle Does Not End the Case!

By | January 29th, 2016|Actual Mediations, Arbitration, Court Cases|Comments Off on An Offer to Settle Does Not End the Case!

In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief he requests, the case is [...]

2 10, 2015

Stop and Think … Before Suing!

By | October 2nd, 2015|Court Cases|0 Comments

Californians have a reputation for being litigious; for making mountains out of mole hills. Judge Kozinski of the Ninth Circuit Court of Appeals minces no words on this point. A very small “tiff” got very much out of hand apparently because neither party had the courage (or common sense?) to admit the error and/or apologize. [...]