Topic
Settlement Negotiation
302 published works
China Law Blog
China Litigation and the Benefit of Assuming Nothing
By Dan Harris
Sometimes the strangest things get me to thinking. Today it was an article, Court of Appeal rules on without-prejudice communication, by London lawyer, Andrew McGregor. An incredibly rough summary of…
Class Action & Mass Torts
Using Expected Value (EV) Calculations to Determine Settlement Value of a Case
Litigators can learn a lot about evaluating the settlement value of a case from mathematicians and poker players. Typically, litigators evaluating the settlement value of a case think about factors such as the…
Iowa Employment Law Blog
What are My Chances of Winning?
Understandably, this is the most important question a client will ask his lawyer when deciding whether to settle a lawsuit or defend the case at trial. It is also…
EvidenceProf Blog
California Split: Retaliatory Termination Case Reveals Split Between California And Federal Rules Of Evidence On Settlement Evidence
By Colin Miller
In relevant part, Federal Rule of Evidence 408 provides thatEvidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount…
Federal Eminent Domain Blog
Judge ponders consolidating
Gwinnett Daily Post A judge will consider consolidating two cases involving a controversial land deal to buy property for the McGinnis Ferry Road extension. Tony Powell, an attorney representing Old…
EvidenceProf Blog
Steak Umm In Your Mouth: Steak Umm Vs. Steak ‘Em Up Trademark Action Prompts Rule 408 Ruling
By Colin Miller
Steak Umm is a company that manufactures, advertises, and sells Steak Umm steak sandwich meat and hamburgers as part of frozen sandwich food kits (which I used to have when I…
Mass Tort Litigation Blog
The Trouble with All-or-Nothing Settlements
By joetort
My new paper, The Trouble with All-or-Nothing Settlements, is now available on SSRN. I presented it at last week's symposium in Kansas on "Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz." The theme of the…
Litigation & Trial
A Game Theory Model of Medical Malpractice Settlements and Insurance Bad Faith
In a comment on Overlawyered, Ted Frank points to his draft paper (with Marie Gryphon), Negotiating in the Shadow of 'Bad Faith' Refusal to Settle: A Game Theory Model of Medical…
North Carolina Business Litigation Report
The Truth And Nothing But The Truth, But Not Necessarily In Settlement Negotiations, Says The North Carolina Court Of Appeals
Lawyers don't have any obligation to disclose information harmful to their client's position during settlement discussions, the North Carolina Court of Appeals ruled today in Hardin v. KCS International, Inc.…
Property Insurance Coverage Law Blog
Cutting Edge Thoughts About Insurance Claim Settlement and Trial from Don Bauermeister
By Chip Merlin
When somebody starts talking with you over dinner about which part of the brain makes you worry that something bad may happen to you and talks with sentences that seem…