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|

It is All a Matter of Perspective

“Christmas is not a time nor a season, but a state of mind. To cherish peace and goodwill, to be plenteous in mercy, is to have the real spirit of Christmas.” — Calvin Coolidge I start this blog with this quote because the Christmas season tends to change our perspective [Read More]

By |December 20th, 2019|Court Cases|

Mandatory but Not Jurisdictional!

 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]

By |June 7th, 2019|Court Cases|

The “ABC Test” is Retroactive!

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]

By |May 17th, 2019|Court Cases|

Parking Tickets and the Fourth Amendment!

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]

By |May 10th, 2019|Court Cases|