trial court
Communication Within Family Breaches Confidentiality of Mediated Settlement
March 31, 2014
A Florida appellate court reversed the trial court and concluded that a school headmaster’s need to tell his daughter how his employment dispute was resolved in mediation violated the confidentiality provision in the settlement agreement. The breach came to light when his daughter immediately sent out a gloating message on Facebook to 1,200 friends, including many students of the school. The appellate court precluded the headmaster from enforcing the settlement agreement, stating that his need...
March 31, 2014
A Florida appellate court reversed the trial court and concluded that a school headmaster’s need to tell his daughter how his employment dispute was resolved in mediation violated the confidentiality provision in the settlement agreement. The breach came to light when his daughter immediately sent out a gloating message on Facebook to 1,200 friends, including many students of the school. The appellate court precluded the headmaster from enforcing the settlement agreement, stating that his need...
Waiver of Right to Arbitrate is Issue for Courts, Not Arbitrators
February 19, 2014
A California appellate court has confirmed that the issue of whether a party has waived the right to arbitrate is an issue to be decided by the trial court, not the arbitrator. Defendants in a dispute regarding a stock purchase agreement moved to compel arbitration pursuant to that agreement, but only after they filed a demurrer to the complaint, moved to require plaintiffs to furnish a bond, and commenced their own lawsuit against plaintiffs for alleged misrepresentations made in connection with...
February 19, 2014
A California appellate court has confirmed that the issue of whether a party has waived the right to arbitrate is an issue to be decided by the trial court, not the arbitrator. Defendants in a dispute regarding a stock purchase agreement moved to compel arbitration pursuant to that agreement, but only after they filed a demurrer to the complaint, moved to require plaintiffs to furnish a bond, and commenced their own lawsuit against plaintiffs for alleged misrepresentations made in connection with...
New York Proposal for Mandatory Mediation of Commercial Cases in Comment Period
February 6, 2014
The Commercial Division Advisory Council of New York County’s trial court has recommended an 18-month pilot program which would send every fifth commercial case to mandatory mediation, unless a party shows that mediation would be ineffective or unjust, or all parties in a case opt out. Parties would be able to choose their mediator or obtain a mediator from the court’s roster. Comments on the proposal may be submitted through February 11, 2014. New York Unified Court System Memorandum...
February 6, 2014
The Commercial Division Advisory Council of New York County’s trial court has recommended an 18-month pilot program which would send every fifth commercial case to mandatory mediation, unless a party shows that mediation would be ineffective or unjust, or all parties in a case opt out. Parties would be able to choose their mediator or obtain a mediator from the court’s roster. Comments on the proposal may be submitted through February 11, 2014. New York Unified Court System Memorandum...
MySpace Photos as Impeachment Evidence
September 30, 2013
In a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three photos were prejudicial. The Court of Appeals reversed. The photos should have been admitted as impeachment evidence to contradict the testimony of the prosecution witnesses. United States v. Garcia,2013...
September 30, 2013
In a case involving claims of self-defense, the Trial Court excluded photos of the victim from MySpace holding a gun and wearing gang colors. Three prosecution witnesses claimed they had never seen the victim with a gun before. The Trial Court excluded the MySpace photos on the grounds the three photos were prejudicial. The Court of Appeals reversed. The photos should have been admitted as impeachment evidence to contradict the testimony of the prosecution witnesses. United States v. Garcia,2013...
Houston COA Holds Trial Court Inappropriately Modified Arbitrator’s Decision Regarding Joint and Several Liability
August 30, 2013
Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. – Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle. When the firm at which Bazelle was employed closed, she took the cases with her to her new position at W. Fulton Broemer & Associates,...
August 30, 2013
Texas’ 14th District Court of Appeals in Houston has amended a trial court’s judgment that modified an arbitrator’s decision. In Broemer v. Houston Lawyer Referral Service, No. 14-12-00337-CV, (Tex. App. – Houston [14th Dist.], July 25, 2013), Houston Lawyer Referral Service (“HLRS”) referred three lawsuits to an attorney named Roslyn Bazzelle. When the firm at which Bazelle was employed closed, she took the cases with her to her new position at W. Fulton Broemer & Associates,...
Fort Worth Appeals Court Holds Ruling on Motion to Compel Arbitration is a Ministerial Duty
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
April 1, 2013
The 2nd District Appeals Court in Fort Worth has held that a trial court has a ministerial duty to rule on a party’s motion to compel arbitration. In Kelly v. Hinson, No. 02–12–00058–CV, (Tex.App.–Fort Worth, 2012), two investors, Phillip Hinson and Don Siratt, filed a lawsuit against Technotree International, LLC and two of the company’s officers, William J. Kelly and Ariel I. Quiros, (“LLC”) to recover a refund of certain investments made in the corporation in 1999. According...
