A Few Good Mediators
We have had the privilege of working with some terrific mediators, and the disappointment of working with many mediocre mediators. While the great mediators have talents that probably cannot be taught, all mediators can benefit from some of the common practices of the best mediators. Tenacity In a mediation prior to the pandemic, one of…
Read MoreMaybe We Should Reconsider This
REPRINTED FROM THE DAILY JOURNAL DECEMBER 1, 2010 ISSUE A few weeks ago, Rob, an attorney friend of mine, told me about a terrific settlement he had achieved for a corporate client after 26 months of litigation. At the inception of the case, the plaintiff had demanded $3.8 million. After four months of litigation, Rob…
Read MoreJury Research: Can You Afford Not To Do It?
Originally published in California Civil Litigation Reporter (June 2006), by Barbara S. Swain and Farley J. Neuman. Download PDF.
Read MoreCalifornia Civil Discovery Practice
Originally published in California Civil Discovery Practice (3d ed. CEB 1998 and 4th ed. CEB 2006), by Martin L. Fineman, Joshua Goodman, and Farley J. Neuman. For an excerpt from the book, download PDF.
Read MoreComment on Frame v. PricewaterhouseCoopers
Originally published in California Civil Litigation Reporter (February 2006), by Farley J. Neuman. Accounting firm PricewaterhouseCoopers LLP was hired to audit two limited partnerships, Grafton Partners LP and Allied Capital Partners. Both partnerships were vehicles for investing in loans issued by Pinnfund, USA Inc., a mortgage company. In the course of conducting the audit, PwC noticed…
Read MoreAnalyzing Prejudgment Interest Issues in Tort Actions
Originally published in California Civil Litigation Reporter (May 2001), by Farley J. Neuman and Paul DeAngelis. Download PDF
Read MoreConducting Discovery Beyond the Code
Originally published in California Civil Litigation Reporter (May 1998), by Joshua S. Goodman and Farley J. Neuman. The Code of Civil Procedure sets forth a broad range of discovery tools for gathering relevant information and obtaining admissible evidence, covering everything from expert opinions and medical examinations to document production and face-to-face sworn examinations. Yet, despite…
Read MoreOther People’s Policies: How to Evaluate and Enforce an Additional Insured’s Rights
Originally published in Insurance Litigation Magazine (March 1997), by Joshua S. Goodman. Most people engaged in commercial activities want as much protection as possible from future lawsuits. Where there is a contractualrelationship between two parties, protection is typically obtained through an indemnity provision: one of the parties agrees to defendand indemnify the other for claims…
Read MoreBasic Filing Deadlines for California Employment Discrimination Cases
Originally published in California Civil Litigation Reporter (September 1996), by Farley J. Neuman and Charles E. Perkins. Introduction A common provision found in the various federal and California employment discrimination statutes is the requirement that generally one must file a timely and appropriate administrative claim before resorting to the courts. Failure to properly “exhaust” one’s administrative…
Read MoreA Perspective on Economical Litigation
Originally published in California Civil Litigation Reporter (May 1992), by Farley J. Neuman and Joshua S. Goodman. Even most lawyers would concede that “economical litigation” ranks high as one of the great oxymorons of our day. Whether lawyers can be entirely blamed for this is somewhat beside the point. Dissatisfied clients are like the father who, on…
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