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Evidence › 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

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...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 -...

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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

Greenbaum, Rowe, Smith & Davis LLP on

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

Carlton Fields

Kentucky District Court Confirms Arbitration Award Allocating All Environmental Contamination Costs to Petitioner

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Following a 2007 settlement concerning the allocation of investigation and remediation costs incurred due to environmental contamination at an industrial complex, the parties agreed to resolve the litigation between the...more

Womble Bond Dickinson

Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably)

Womble Bond Dickinson on

TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more

Jones Day

Texas Appellate Court Rules on Discoverability of Settlement Agreements

Jones Day on

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

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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

Knobbe Martens

Federal Circuit Review | April 2017

Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Obermayer Rebmann Maxwell & Hippel LLP

Is it Possible to Undo My Divorce?

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You and your spouse signed the settlement agreement, the court entered your divorce, a few weeks or months have gone by, but now you regret some or all of the terms of your divorce. Maybe you think you could have gotten more...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

Haight Brown & Bonesteel LLP

Court of Appeal Shines Light on Collusive Settlement Agreements

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In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more

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