Topic
Settlement Negotiation
302 published works
InsureReinsure
UK: Court of Appeal Decision on CPR Part 36 Offers
In French v Groupama Insurance Company Ltd (Groupama) [2011] EWCA Civ 1119, the Court of Appeal found that a settlement offer made in a letter from Groupama to French dated…
Media Law Prof Blog
News International Offers Three Million Pounds To Dowling Family
News International has apparently offered the family of Milly Dowling a three million pound settlement to end the lawsuit that arose out of allegations that News of the World reporters…
Legal Profession Blog
Death Be Not Proud
A Louisiana Hearing Committee has recommended a stayed six-month suspension of an attorney for misconduct in settlement negotiations with the state Patient's Compensation Fund. The attorney for the fund filed…
Delaware Corporate & Commercial Litigation Blog
Chancery Rules on Admissibility of Alleged Settlement Discussions/Pre-Suit Threats
Paige Cap. Mgmt., LLC v. Lerner Master Fund, LLC, C.A. No. 5502-VCS (Del. Ch. May 5, 2011), read opinion here. In this decision the Court of Chancery discussed the application of the…
NJ Family Legal Blog
Creating "Settlement Anxiety" at Mediation – Is It Fair When One Party is Acting Unreasonably?
Last year, I blogged on this topic after I was at a mediation where the mediator, when telling us his assessment of my client's case, said that he was creating "settlement…
Connecticut Employment Law Blog
Should I Fight Or Settle: The Strategic Business Decision
A common question for employers when confronted with a lawsuit is this: Should I fight or try to settle? Unfortunately, that decision inevitably is a business one and often times…
Property Insurance Coverage Law Blog
What Is A Proposal for Settlement Pursuant to Florida Statute?
By Shaun Marker
A proposal for settlement in Florida can be filed by a party to a lawsuit pursuant to Florida Statute §768.79. The proposal for settlement, or offer of judgment as it…
Class Action Countermeasures
Insight from Old Strategists: Class Action Settlements and the Logic of Two-Level Games
By The Editors
Twenty-two years ago, political scientist Robert D. Putnam published an article in the journal International Organization. Titled "Diplomacy and domestic politics: the logic of two-level games," it argued that international trade…
Property Insurance Coverage Law Blog
The Decision to Settle an Insurance Claim is Entirely Your Own
By Chip Merlin
The Florida Supreme Court has made it clear that insurers cannot condition settlement offers on the mutual acceptance of joint insureds. In Attorneys’ Title Insurance Fund, Inc. v. Gorka, 36…
EvidenceProf Blog
It’s Settled: Court Of Appeals of Texas Finds Burden Is On Party Raising Rule 408 To Prove Settlement Negotiations
By Colin Miller
Similar to its federal counterpart, Texas Rule of Evidence 408 provides thatEvidence of (1) furnishing or offering or promising to furnish or (2) accepting or offering or promising to accept, a valuable consideration…