Topic
Settlement Negotiation
302 published works
NextGen Financial Services Report
Supreme Court Says Companies Cannot Use Settlement Offers to Overcome Class Actions
On January 20, 2016, the Supreme Court ruled that companies cannot defeat class action suits by making settlement offers to named plaintiffs. In a 6-3 decision, the Justices held in…
Employment Class and Collective Action Update
Supreme Court Weighs in on Class Action “Pick Off”, but Leaves Significant Questions Unanswered
Yesterday, the U.S. Supreme Court eliminated a strategy defendants have used to stem the rising tide of class action lawsuits—offering the named plaintiffs in a class action lawsuit full relief, mooting…
Illinois Workers Compensation Law Blog
When You Aren’t Happy With A Settlement Offer
By Mike Helfand
I had two recent calls to my office within an hour that lead me to the idea for this post as they both tie together in the end. The first…
The Brand Protection Blog
Amarin, FDA talking settlement
In a letter dated August 28, an attorney representing Amarin Pharma, Inc. advised the judge overseeing Amarin’s case against FDA, that “The parties have agreed to explore the possibility of settlement…
NJ Family Legal Blog
The Importance of the Decision: Don't Let a Hotly Contested Issue Go Undecided
So often, parties go to court only to be told by the judge to "work it out." It's a strange phenomenon; after all, if the parties could "work it out,"…
NJ Family Legal Blog
The Expert Is Not The Quarterback: Don’t Let Them Stand in the Way of Settlement
In many cases, experts are a necessary, if not invaluable asset to have on your team. Often, they are not only needed to provide the necessary financial calculations (e.g. business…
Keeping It Real Estate
Demystifying the “Without prejudice” label
By Nicholas Cheffings, Thomas J. Reid
The ability to make an offer to settle a dispute, without that offer coming to the attention of the court or (as the case may be) an arbitrator, is a…
Property Insurance Coverage Law Blog
Possibility of Settlement Is Not Enough–Insureds Must Timely File Suit
It is commonplace for settlement negotiations between a policyholder and their insurance company in a property damage claim. Policyholders need to be aware that the money on the table can…
Wiley Executive Summary
Bad Faith Claim Fails Absent Breach of Contract or Failure to Settle
In an unpublished decision applying Illinois law, a federal court has held that a bad faith claim must be dismissed where the complaint alleged neither a breach of the insurance…
inversecondemnation.com
Cal App: Condemnor’s “Final” Pretrial Offer, Contingent On Approvals From Other Agencies, Isn’t Really Final, Is It?
California law requires a condemnor to present to the property owner a final pre-trial settlement offer 20 days before trial, and for the property owner to make a final demand.…