Peter poses an interesting and very common situation where the mediator believes he or she has knowledge about a legal issue that could affect the outcome of the case that neither side seems to have uncovered. In Peter’s example, he was dealing with a dischargeability case on a debt arising after a non-judicial foreclosure. Peter … Continue reading Response To Peter T. Steinberg’s Article Regarding “Impasse in Mediation?” The Unseen 900 Pound Gorilla”
Chris Blank’s Top Five Tips for Advocates in Having a Successful Virtual Mediation
Recognize that a virtual mediation can be as, or more, physically taxing than an in-person mediation. Plan to take a physical break at least once an hour and walk around so you stay fresh. Have a pre-mediation session with your client using whatever platform (Zoom, Microsoft Teams, GoToMeeting, etc.) you will be using for the … Continue reading Chris Blank’s Top Five Tips for Advocates in Having a Successful Virtual Mediation
Arbitration Award Struck Down Because Procured by “Undue Means”
Baker Marquart LLP v. Kantor, 22 Cal. App. 5 th 729 (2018) This case involves a dispute between attorney (Baker Marquart) and client (Kantor) regarding the proper percentage to apply to a contingency fee contract. The contract provided that if the attorney accomplished nine specific tasks within a specific time, the fee would be based … Continue reading Arbitration Award Struck Down Because Procured by “Undue Means”
Release Provision in Settlement Agreement was not Broad Enough to Protect Pre-Agreement Fraudulent Transfers
Rescap Liquidating Tr. v. First California Mortg. Co., No. 18-CV-03283-WHO, 2018 WL 5310795 (N.D. Cal. Oct. 25, 2018) First Capital Mortgage Company (“FCMC”) was a mortgage loan originator. Rescap is successor in interest to Residential Funding Company (“RFC”). RFC purchased approximately 300 loans from FCMC with a face value of about $125,000,000.00. RFC repackaged the … Continue reading Release Provision in Settlement Agreement was not Broad Enough to Protect Pre-Agreement Fraudulent Transfers
9th Circuit Reverses Order Enforcing Settlement Agreement that Imposed Restraint of Trade
Golden v. California Emergency Physicians Medical Group, 896 F.3d 1018 (2018) Golden, an emergency room physician, was fired by his employer – CEP. He sued claiming that the firing was motivated by race. Shortly before trial was set to begin, Golden and CEP settled and placed their settlement on the record.Apparently the attorneys had reduced … Continue reading 9th Circuit Reverses Order Enforcing Settlement Agreement that Imposed Restraint of Trade
Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”
Smythe v. Uber Technologies, 24 Cal. App. 5th 327 (2018) Ryan Smythe drove for both Uber and Lyft. As an Uber driver he signed contracts that included broad arbitration clauses and a delegation of the authority to determine arbitrability to the arbitrator, rather than a court. As a Lyft driver, Smythe sued Uber claiming that … Continue reading Arbitrability Delegation Clause will not be Enforced when Claim of Arbitrability is “Wholly Groundless.”
Is a Settlement That Provides for Entry of a Stipulated Judgment if a Reduced Settlement Amount is Not Paid Void as a Penalty
These two cases, Vitatech Int’l, Inc. v. Sporn, 16 Cal. App. 5th 796, 224 Cal. Rptr. 3d 691 (2017); and Krechuniak v. Noorzoy, 11 Cal. App. 5th 713, 217 Cal. Rptr. 3d 740 (2017), one from the Fourth District, Div. 3 and the other from the Sixth District come to opposite conclusions. For several years … Continue reading Is a Settlement That Provides for Entry of a Stipulated Judgment if a Reduced Settlement Amount is Not Paid Void as a Penalty
Mediation Privilege Does Not Preclude Party from Introducing Evidence That a Mediation took Place and Did Not Result in Settlement
Gallahan v. Philadelphia Indem. Ins. Co., C17-131RSM, 2017 WL 6310568, (W.D. Wash. Dec. 11, 2017), reconsideration denied, No. 17-131RSM, 2018 WL 259627 (W.D. Wash. Jan. 2, 2018) involves a claim for underinsured motorist coverage under a Washington State auto insurance policy. Under the policy, a suit must be commenced within 1 year after a cause … Continue reading Mediation Privilege Does Not Preclude Party from Introducing Evidence That a Mediation took Place and Did Not Result in Settlement
Motion for Sanctions for Party’s Alleged Failure to Appear at Mediation Denied
Judge Guilford of the District Court for the Central District of California holds that the Court has authority to sanction a party for failing to show up for a scheduled mediation. However, Judge Guilford denied the requests for sanctions on this case. Plaintiff moved for sanctions on the grounds that one of the Defendants failed … Continue reading Motion for Sanctions for Party’s Alleged Failure to Appear at Mediation Denied
Mediation Fees are Recoverable as Attorney Fees in Lawsuit to Enforce Insurance Policy
The U.S. District Court for the Central District of California holds that Plaintiff was entitled to recover fees paid for mediation services. Plaintiff sued to obtain disability benefits from her employer’s group insurance carrier. Plaintiff won at trial and the court awarded prevailing party attorney fees against Metropolitan. Metropolitan objected to the amount requested by … Continue reading Mediation Fees are Recoverable as Attorney Fees in Lawsuit to Enforce Insurance Policy