The first sentence in an appellate opinion can strike fear in the heart of any advocate. I should know. Nearly twenty years ago the California Court of Appeal began its opinion on a losing appeal of mine with this sentence: “This case presents a real doozy of a puzzle in mechanic’s lien law.” In a more recent case involving … Continue reading Draft Settlement Agreements with Care or You May Give Up More than You Bargained For
Calculating Settlement Value Like a Super Bowl Champion
The New York Giants are playing the New England Patriots in the Super Bowl, again. What would happen if the Patriots prepared for the game by focusing exclusively on their strengths and the Giants’ weaknesses while ignoring their own weaknesses and the Giants’ strengths? That would be ridiculous, right? Bill Belichick, Tom Brady? Forget about … Continue reading Calculating Settlement Value Like a Super Bowl Champion
Ron’s Top Ten List: Things Your Mediator Wants You To Do So He Or She Can Help You Settle Your Lawsuit
NUMBER ONE: Exchange with your opponent salient information about the case well in advance of the mediation. If you represent the plaintiff you may want to ask defense counsel what additional information, if any, is necessary for the defense to be fully prepared for the mediation. If you represent the defendant you will want to … Continue reading Ron’s Top Ten List: Things Your Mediator Wants You To Do So He Or She Can Help You Settle Your Lawsuit
Mediation: The Antidote to the Uncertainty of Trial
Mediation is the antidote to the uncertainty of trial and most often leads to the timely, cost-effective resolution of disputes. In mediation, the people with “skin in the game,” the litigants, not jurors, judges, or appellate court justices, decide how and when the conflict will end. On the other hand, litigants who proceed through trial … Continue reading Mediation: The Antidote to the Uncertainty of Trial
Contractor Licensed as Sole Owner – Free Download
I have attached a new license law case from the Third District Court of Appeal. This one bucks the recent trend: it favors the contractor. Basically, the contractor, David E. Ball, was licensed as a “Sole Owner” under the fictitious business name “Clark Heating and Air Conditioning”. He sued to collect compensation for work performed … Continue reading Contractor Licensed as Sole Owner – Free Download