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
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
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
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
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
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.
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
A recent CLM magazine article listed multiple reasons for claim processing inefficiencies. One was “unresponsive counsel.”
That got me thinking about why this should be.
Staff Counsel
Everyone is on the same team. Staff counsel have no motive to perform
More than 95% of all cases settle. Sometimes cases don’t settle at mediation, but shortly thereafter as participants spend more time thinking about their litigation prospects. Unfortunately, there is a number of cases which do not settle until just before
Assessing your case from your side’s point of view is critical. But it won’t get you far if you don’t pay attention to your opponent’s needs as well.
Here are three tips to help you move from conflict to resolution.
