Topic
Settlement Negotiation
302 published works
San Antonio Employment Law Blog
Settlement Should Reflect Jury Reality
Many of my discrimination clients go into settlement talks with the expectation they will receive enough in settlement to retire. No, not hardly. Most cases settle for less than $30,000.…
Texas Employment Law Update
When is the Best Time to Try and Settle Employment Litigation?
I like to try cases to judges and juries but my enjoyment almost always comes at great out-of-pocket expense to my employer-clients in terms of cost of defense. The reality…
Litigation Management & Attorney Fee Analysis Blog
Earliest Reasonable Offer Governs Cost Recovery Under Code of Civil Procedure Section 998
In MartinezĀ v. Brownco Construction Co., 2012 DJDAR 1950 (2012), the California Court of Appeal for the Second Appellate District clarified an important issue under the offer of judgment statute, California…
Chicago IP Litigation
Trading Technologies: Party Cannot Waive FRE 408 Protection As to its Communications
Trading Techs. Int'l., Inc. v. BCG Partners, Inc., No. 10 C 715 (Consolidated), Slip Op. (N.D. Ill. Sep. 2, 2011) (Kendall, J.). Judge Kendall granted defendants' motion to strike references…
California Trust, Estate & Probate Litigation
10 Lessons I Learned About Being a California Trial Attorney in 2011
After making the decision to take all of my cases to trial in 2011, here are the important lessons I learned as a plaintiff’s and estate trial attorney: 1. Taking…
NJ Family Legal Blog
How to Not Settle Your Case
Having just experienced several months of "interesting", to say the least, negotiations on several matters, it got me thinking about creating a list of things to do if you really…
Employment Law Worldview
Settlement negotiations – “undue pressure”
Tucked away in a little-known corner of the Government’s Response to the public consultation on its paper Resolving Workplace Disputes is a little gem of considerable potential significance to employment…
Texas Employment Law Update
Iphone App Helps Track Settlement Negotiations
If you attend many EEOC meditations or the meditations of lawsuits, you know it is important to keep an accurate record of the parties' respective settlement offers. This is useful in…
EvidenceProf Blog
The Claim: 3rd Circuit Lays Out Principles For Deciding When There’s A Claim For Rule 408 Purposes
By Colin Miller
Federal Rule of Evidence 408 provides that(a) Prohibited uses. Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount…
CAFA Law Blog
Don’t Forget: CAFA Governs Class Action Settlements, Too
Groves v. Roy G. Hildreth & Son, Inc., No. 2:08–cv–00820, 2011 WL 4382708 (S.D.W. Va. Sept. 20, 2011). In this class action settlement a District Court in West Virginia reminded…