Sometimes, parties want something they could never get in a courtroom.
Confidentiality
The most common provision in a settlement agreement that you can’t get in a judgment is a promise to keep the terms of the settlement confidential. Court proceedings
How Inflation Affects Your Settlement
Prices keep going up for just about every component of expense, including housing, groceries, and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement…
Are You Really Ready for Mediation?
Make sure these components are in place:
Who will attend the mediation? This should include the person who holds and can modify the authority. That’s the person holding the purse strings on the defense side and important advisors to the…
Get Your Kryptonite Ready
Most of us have heard of the concept of a strawman argument. Those are the fallacious arguments you can knock over because they distort the premise to make the proponent’s point. A strawman argument might concentrate on something that hasn’t…
A Visit to the Tort Museum
Did you know there is a tort museum? Located in Winsted, Connecticut, the American Museum of Tort Law has several galleries which educate about precedent-setting cases, including a gallery which focuses on dangerous toys, a product liability issue.
You don’t…
Aftermath of the Big Verdict
Decades ago, I worked on a massive product liability case. I was involved on the coverage side rather than the case in chief.
Defend, No Matter What
The case was national in scope, with hundreds of claims. The manufacturer was…
Inflation Reduction Act Update
Will the Inflation Reduction Act affect your settlement? A prior post discussed that possibility. A year later, there are developments
The First Drug Designation
The Department of Health and Human Services has named the first ten drugs to be subject…
Medical Expense HopScotch
Injury claimants are most likely to accept a settlement offer that 1) takes care of liens without wiping out the entire settlement and 2) provides a safety net for their future medical care. In mediation, I try to prompt negotiators…
Health Insurance as an Item of Damage
Future insurance premiums might be a valid component of a settlement evaluation.
If the claimant must now pay premiums that would not be required “but for” the litigated occurrence, a claimant may present this expense as an item for compensation.…
Be Nice
Nice guys do not finish last. To the contrary, they are more likely to get a satisfactory result
Remember Civility?
I was kind of surprised to learn that a “California style mediation” means going into caucus immediately and staying there…