Beware of Email Agreements!

The American Bar Association published a story warning us all to be careful about settling by email. It recited the case of Philadelphia  Ins. Indemnity Co. v Kendall decided by the Supreme Court of the State of New York Appellate Division, First Judicial Department, Case No. 2020-02752, Appeal No. 13756 [Read More]

By |May 6th, 2022|Court Cases|

Certainty Does Not Equate to Accuracy!

In the past, I have discussed studies on the unreliability of witness identification of suspects in criminal proceedings. On May 27, 2021, the California Supreme Court acknowledged that while a witness may have a high degree of certainty with which she identifies a suspect as the culprit, a jury should [Read More]

By |June 25th, 2021|Court Cases|

The $63.00 (x 2) Dispute

(Spoiler Alert: This blog has absolutely nothing to do with mediation other than the fact this case should have never gone this far and should have been settled at mediation.) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Eighth Amendment to U. [Read More]

By |August 7th, 2020|Court Cases|

So Much For Mediation Confidentiality!

One of the most important aspects if not THE most important aspect about mediations is that they are confidential. What is said by the parties and/or mediator during a mediation stays there. This is absolutely necessary to encourage forthright disclosure, build trust and rapport among the parties, trust in the [Read More]

By |May 22nd, 2020|Court Cases|

Be Wary of Electronic Signatures!

A recent appellate decision from the Fourth Appellate District in San Diego teaches that a party who allegedly signs a document electronically can still successfully challenge her signature. In Fabian vs Renovate America, Inc., Court of Appeal, Fourth Appellate District, Case No. D075519  ( issued November 19, 2019; published December [Read More]

By |January 10th, 2020|Court Cases|