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Articles 1 - 7 of 7
Full-Text Articles in Law
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
The Journal of Appellate Practice and Process
The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.
Sealed Out-Of-Court Settlements: When Does The Public Have A Right To Know, Anne-Therese Bechamps
Sealed Out-Of-Court Settlements: When Does The Public Have A Right To Know, Anne-Therese Bechamps
Notre Dame Law Review
No abstract provided.
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen
Missouri Law Review
Mary Carter agreements2 occur when a plaintiff asserting liability against joint tortfeasors 3 enters into a settlement agreement with less than all of the defendants. The settling defendant, who remains a party at trial, obtains the possibility of offsetting her financial exposure depending on how much money the plaintiff recovers from the other defendants. These agreements pose a potential threat to the adversarial nature of the trial process. This threat is especially severe when the trier of fact is not apprised of the agreement.4 Although maintaining the adversarial character of judicial proceedings is a public policy deserving of protection, 5 …
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Which Cases Go To Trial: An Empirical Study Of Predictors Of Failure To Settle ?, Leandra Lederman
Which Cases Go To Trial: An Empirical Study Of Predictors Of Failure To Settle ?, Leandra Lederman
Case Western Reserve Law Review
No abstract provided.
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein
Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein
Publications
In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …