Topic
Settlement Negotiation
302 published works
EvidenceProf Blog
A Settlement Privilege?: Supreme Court of Appeals of West Virginia Finds Rule 408 Doesn’t Create a Settlement Privilege
By Colin Miller
Similar to its federal counterpart, West Virginia Rule of Evidence 408(a) provides thatEvidence of the following is not admissible — on behalf of any party — either to prove or disprove the…
Securities Compliance Sentinel
The SEC Does Not Care About Collateral Impacts With Settlements
In determining whether to seek admissions in the settlement of an enforcement action, the SEC will not take into account any collateral consequences that might befall the defendant in question.…
Illinois Workers Compensation Law Blog
Can I settle my case and still get future medical care?
By Mike Helfand
A reader asks: I'm currently in the settlement process of my case. I have a T8 disc herniation and went to pt, then had an injection, then more pt…
Illinois Workers Compensation Law Blog
Illinois work comp: when to take settlement offer
By Mike Helfand
We always caution injured workers to be smart when it comes to taking a settlement offer from the insurance company. Usually, our warning is that the offer is probably too…
Class Actions Insider
Use of a Settlement Offer or Offer of Judgment on the Named Plaintiff’s Claim to Defeat a Class Action: New Seventh Circuit Decision
By Wystan Ackerman, Wystan Ackerman
Commentators have questioned whether, after the Supreme Court’s decision last year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), a defendant could, by making a settlement offer…
Class Action Countermeasures
Trading Limited Releases for Reversion Clauses – In re Trans Union Corp Priv Litig
By The Editors
With one or two significant exceptions, I usually write about settlement tactics that don't work. I do that for two reasons: (1) settlement tactics that work often lead to perfunctory…
Employment Law Watch
Settlement discussions – when can employers safely use the ‘without prejudice’ rule?
For employers wanting to bring an employment relationship to an end, whether for disciplinary or performance related reasons or simply because it is not working out, it is often difficult…
EvidenceProf Blog
Fly With US: Maine District Court Finds No Heightened Relevance Standard Applies To Settlement Discovery
By Colin Miller
Federal Rule of Evidence 408 reads as follows:(a) Prohibited Uses.Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or…
NJ Family Legal Blog
USING MEDIATION TO FORCE THE OTHER SIDE TO "GET REAL"
I often like to say that "we can do this the easy way or we can do it the hard way?" What does that mean? If you want to litigate,…
NJ Family Legal Blog
STOP, COLLABORATE AND LISTEN – SETTLEMENT IN MEDIATION
The golden words in this blog title once spoken by Robert Van Winkle (more famously known by another name) could and should be well heeded by family lawyers and litigants when trying to…