by Marvin Schuldiner | Mar 4, 2009 | Commercial Mediation, Lawsuits
Former Judge Roy Pearson has lost his bid to have his appeal heard by the entire bank (“en banc”) panel of appelate judges. All 6 of the other judges on the panel refused to hear the case which the other 3 judges unanimously denied. Pearson’s only...
by Marvin Schuldiner | Mar 3, 2009 | Commercial Mediation, Lawsuits
In January 2009, the New Jersey state government and courts implemented a foreclosure mediation program to help both homeowners and banks resolve outstanding balances on home mortgages. A homeowner can ask the court to be entered into the voluntary mediation program...
by Marvin Schuldiner | Feb 20, 2009 | Commercial Mediation, Lawsuits
The Wall Street Journal has an article today that details some studies about how plaintiffs fare in federal court cases. In a word: badly. From 1979-2006, plaintiffs prevail in 15% of cases. The average for plaintiffs winning in federal court in all other civil...
by Marvin Schuldiner | Feb 19, 2009 | Lawsuits, Off Beat
In an earlier post, I talked about a lawsuit filed against God being thrown out since God was unable to be served. The Omaha World-Herald reports about the appeal: LINCOLN — A God who is “all-knowing” should know when he’s being sued, even without...
by Marvin Schuldiner | Feb 18, 2009 | Lawsuits, Off Beat
How would you like this system of justice? In India, the New Delhi High Court has an estimated 466 YEARS of backlog. Yes, that’s years and it’s not a typo. And that is the backlog on criminal cases alone. The court handles all types of cases, including...
by Marvin Schuldiner | Jan 24, 2009 | Commercial Mediation
Lawyers USA reports how the poor economy has encouraged potential litigants and aggrieved parties to seek out mediation before filing suit in court. Some excerpts: With the economy crimping corporate legal spending, Allen Smith, a partner with the law firm SettlePou...
by Marvin Schuldiner | Jan 23, 2009 | Commercial Mediation
This is one of the most common questions I get. The answer is no. Why? There are a number of reasons. Mediating a dispute is not about the law. Trials and motions are about the law. Mediating is about identifying the issues in dispute, fact finding and...
by Marvin Schuldiner | Jan 7, 2009 | Commercial Mediation, Lawsuits, Off Beat
Roy Pearson won’t go away quietly. He is now asking for an en banc hearing of his appeal on the $54 million lawsuit over his lost pants. Previously, 3 appellate judges rejected his appeal and now he wants all 9 judges on the circuit to hear his appeal.
by Marvin Schuldiner | Jan 3, 2009 | Commercial Mediation, Lawsuits
The saga of the $54 million lost pants lawsuit appears to finally be over. As you will recall, a judge in DC sued a cleaner for $54 million for losing a pair of pants. Roy Pearson subsequently lost the lawsuit and his job as a judge (in part due to the lawsuit). ...
by Marvin Schuldiner | Nov 13, 2008 | Commercial Mediation, Lawsuits
In most lawsuits, one side wins and the other loses (or there is a partial win). But there are cases when the sides can’t settle, both of them lose. In 2006, a contractor working on a home in Cleveland, OH discovered $182,000 in depression era cash stashed in...
