Topic
Settlement Negotiation
302 published works
The Contingency
Blawgletterati Report: Settle or Try?
An ever-alert member of the Blawgletterati, Jeff Seely, today forwarded a link to a WSJ -- no, a NYT -- article about the horrible risk of taking a case to…
InsureReinsure
Georgia State Appeals Court: Settlement Negotiations Do Not Toll Policy’s Time Limit on Bringing Suit Where Insurer Explicitly Reserved Its Rights
A Georgia state court of appeals recently rejected an insured’s argument that an insurance policy’s time limit for bringing suit should be treated as tolled during the period that the…
Legal Profession Blog
Macey-Dare on Litigation Costs, Settlements, and Game Theory
Posted by Jeff LipshawRupert Macey-Dare (St. Cross College, Oxford) has posted Litigation Cost Strategies, Settlement Offers and Game Theory on SSRN. Here's the abstract:Starting with a simple economic model of…
The Contingency
Settlement Negotiations on Trial
Say you go to a meeting. You think the other company infringes your company's trademark. To gain the other side's confidence, you concede a weakness or two in your position. …
The Trademark Blog
Important FRE 408 Discussion in Ralph Lauren v. US Polo Ass’n (2d Cir)
Plaintiff says to Defendant during settlement discussions "we have a problem with your trademark A but not your trademark B." Plaintiff goes on to sue for infringement on both A…
EvidenceProf Blog
Hotel Colorado: Court Finds That Proving Unclean Hands Is A Permissible Use Under Rule 408
By Colin Miller
In Kimpton Hotel & Restaurant Group, LLC v. Monaco, Inc., 2008 WL 140488 (D. Colo. 2008), the plaintiff sued the defendant for trademark infringement, unfair competition, and unjust enrichment based…
Mass Tort Litigation Blog
Bone on Rule 68, Settlement and the Purpose of the FRCP
By joetort
Robert Bone (BU Law) recently posted a fascinating article on SSRN entitled "To Encourage Settlement: Rule 68, Offers of Judgment and the History of the Federal Rules of Civil Procedure." …
EvidenceProf Blog
The Anti-Dentite?: 6th Circuit Finds Rebutting Claim of Failure to Mitigate Not a Permitted Use Under Rule 408 in Christmas Case
By Colin Miller
In 1999, Dr. Samuel David Stockman sold his dental practice of other 40 years to Dr. Louis Leonor and the Oakcrest Dental Center. Pursuant to a side agreement to the…
EvidenceProf Blog
Driving Down The 101: California Appellate Court Makes Incorrect Ruling On Settlement Letters
By Colin Miller
In Zhou v. Unisource Worldwide, Inc., 2007 WL 4374597 (Cal. App. 2 Dist. 2007), a California Appellate Court made an incorrect ruling on the admissibility of evidence of statements made…
Real Lawyers Have Blogs
Legal News – LexBlogosphere: 12/12/07
By Rob La Gatta
Another mid-week update today, featuring posts from around the country...and one from a French lawyer working in Proskauer Rose's Paris office. Today is December 12, 2007, and some of the…