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. [Read More]
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 [Read More]
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 [Read More]
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 [Read More]
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, [Read More]
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 [Read More]
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 [Read More]
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 [Read More]
