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Discovery Settlement Agreements

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

EDRM - Electronic Discovery Reference Model

[Webinar] Public Access or Not: What Can and Cannot Be Protected from Disclosure in Litigation - June 18th, 1:00 pm - 2:00 pm ET

The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more

Kohrman Jackson & Krantz LLP

As Seen On TV: Myths and Facts About Litigation

TV shows about lawyers are exciting, fast-paced and sexy. Not so much in real life. While entertaining, attorney TV shows do not reflect the reality of how litigation is conducted and can have a negative effect on what people...more

Blake, Cassels & Graydon LLP

“Just When I Thought I Was Out, They Pull Me Back In”: B.C. Supreme Court Affirms Goal of Promoting

On March 20, 2023, the Supreme Court of British Columbia (Court) issued a decision in Ridley Terminals Inc. v. Sandvik Canada Inc. (Ridley), affirming the importance of promoting settlement in multiparty litigation and...more

Planet Depos, LLC

Making the Case to Settle

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According to the American Bar Association, most civil cases are settled before trial by mutual agreement between the parties. It is estimated as many as 80-90% of cases settle before trial, usually after the discovery...more

Greenbaum, Rowe, Smith & Davis LLP

The Continued Confusion Of Cohabitation Post-Landau: A Recent New Jersey Appellate Division Ruling Provides Further Guidance -...

In the precedent-setting case Landau v. Landau, decided by the Superior Court of New Jersey Appellate Division in September 2019, the Court held that the 2014 statutory amendments to New Jersey’s alimony statute, which...more

Greenbaum, Rowe, Smith & Davis LLP

The Continued Confusion Of Cohabitation Post-Landau: A Recent New Jersey Appellate Division Ruling Provides Further Guidance

In the precedent-setting case Landau v. Landau, decided by the Superior Court of New Jersey Appellate Division in September 2019, the Court held that the 2014 statutory amendments to New Jersey’s alimony statute, which...more

Porter Hedges LLP

The Impact Of New Texas Discovery Rules In Delay and Disruption Claims

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Any lawsuit filed in Texas state courts on or after January 1, 2021 are now subject to the newly-amended Texas Rules of Civil Procedure. Our litigation team has a helpful review of several of the most significant changes...more

Fox Rothschild LLP

A Discovery Tale As Old As Time: Seek What You Really Want, Or You May Never Find It

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Be careful what you wish for, lest it come true. – drawn from The Old Man and Death, Aesop- In Brewer v. Grue, 2020 NCBC 59, Judge Conrad offers a helpful update to convert that traditional morality tale to the rough...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

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The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

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You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Skadden, Arps, Slate, Meagher & Flom LLP

Heeding Calls for Reform in Multidistrict Litigation Practices

Multidistrict litigation (MDL) proceedings comprise a large and growing portion of the federal civil docket. According to Lawyers for Civil Justice, an association of defense counsel, MDLs encompassed 52% of all federal civil...more

Bradley Arant Boult Cummings LLP

No. 10 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Construction Mediations

Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence...more

American Conference Institute (ACI)

[Event] Wage & Hour Claims and Class Actions Forum – Practical & Strategic Guidance for Employment and Labor Law Attorneys – June...

ACI’s 32nd Annual Forum on Wage and Hour Claims & Class Actions is regarded as the premier, flagship event for employment law practitioners across the country. For the last three decades, senior government officials, judges,...more

Foley & Lardner LLP

A Primer: Wisconsin's New Class Action Statute

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The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

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A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Jones Day

Texas Appellate Court Rules on Discoverability of Settlement Agreements

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In In re GreCon, Inc., a Texas appellate court recently addressed when a party must produce settlement agreements. The plaintiff sued multiple defendants in tort after a fire, and settled with all except GreCon. After...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

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California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Ballard Spahr LLP

Unusual procedural development in CFPB/NY AG lawsuit against RD Legal Funding

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In an unusual procedural move last week in the RD Legal Funding case about which we have previously blogged, SDNY Judge Loretta Preska (the judge presiding over the CFPB’s lawsuit against RD Legal Funding) has referred to...more

Robins Kaplan LLP

Your daily dose of financial news - The Brief – 9.9.16

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We’ve got a number for that Wells Fargo settlement/fine, and it’s a doozy: $185 million for illegal banking practices (including secretly issuing credit cards without customer consent, signing up customers for online banking...more

Carlton Fields

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

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Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

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