Topic
Settlement Negotiation
302 published works
Drug & Device Law
Beck and Herrmann: Settlement Gurus!
By Bexis
We've figured out how to settle a pending case!And we'll share our solution at the end of this post!Read on for the details.In Hunt v. DePuy Orthopaedics, No. 03-900 (RWR),…
EvidenceProf Blog
Not That I’m Biased: Court Of Appeals Of Minnesota Misapplies Rule 408 In Automobile Accident Appeal
By Colin Miller
Like its federal counterpart, Minnesota Rule of Evidence 408 provides that:Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in…
San Antonio Employment Law Blog
“Reasonable” Settlement Offers Lend Credibility
A lawyer friend had a client once who insisted on asking for $1.5 million to settle a discrimination case. The client did not make anywhere close to a six figure…
Policyholder Perspective
Do California Courts Have Authority to Sanction Insurers for Bad Faith Settlement Negotiation?
At least one court, in a recent decision out of California’s second appellate district, has answered no to that question. In Vidrio v. Hernandez, the court reversed an order imposing…
InsureReinsure
Ninth Circuit Holds That Insurer’s Failure to Offer More Than Policy Limits Is Not Bad Faith
In Taylor v. Sentry Group of Companies, No. 08-35116 (9th Cir. May 20, 2009), the plaintiff was severely injured in an automobile accident, with medical expenses alone exceeding $200,000. The…
Connecticut Employment Law Blog
Settlement of Employment Law Disputes – A Great Checklist of Issues to Consider in Drafting and Negotiating
Wouldn't it be great if there were a document that outlined issues that both employers and employees could think about when trying to settle employment law disputes? Turns out there…
IP Litigation Blog
That Unsettling Feeling
The overwhelming majority of cases settle. What varies is when, how and on what terms they do. Maybe it has to do with a weakening economy, but we're seeing a…
NJ Family Legal Blog
SETTLEMENT – WHO MAKES THE DECISION?
I was supposed to start a trial yesterday,but, as often happens, with the judge's assistance, settlement negotiations began. In fact, in reality, the case probably settled about 3 times yesterday. …
TortsProf Blog
More from Robbennolt on Apologies
Jennifer Robbennolt (Illinois) has posted "Attorneys, Apologies, and Settlement Negotiations" on SSRN. This is her second piece addressing the effect of apology in litigation. The abstract provides: Empirical researchers have…
Mass Tort Litigation Blog
Plaintiffs Rejecting Settlement Offers Fare Worse at Trial
By joetort
While not exclusively related to mass torts, the ABA reports on the results of a new study of civil suits from 2000-2005, which found that 61% of plaintiffs rejecting settlement…