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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 Jul 1999

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.


When Your Rival Becomes Your Dance Partner: Mary Carter Agreements In Missouri Courts, Thomas G. Pirmantgen Jun 1999

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 ...


Sealed Out-Of-Court Settlements: When Does The Public Have A Right To Know, Anne-Therese Bechamps Jun 1999

Sealed Out-Of-Court Settlements: When Does The Public Have A Right To Know, Anne-Therese Bechamps

Notre Dame Law Review

No abstract provided.


Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman Jan 1999

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 Jan 1999

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

Articles

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 ...


Which Cases Go To Trial: An Empirical Study Of Predictors Of Failure To Settle ?, Leandra Lederman Jan 1999

Which Cases Go To Trial: An Empirical Study Of Predictors Of Failure To Settle ?, Leandra Lederman

Case Western Reserve Law Review

No abstract provided.


Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman Jan 1999

Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.