Make sure these components are in place: Who will attend the mediation? This should include the person who holds and can modify the authority. That’s the person holding the purse strings on the defense side and important advisors to the claimant, such as a spouse or adult child. Telephone standby is not good enough. The […]
A strawman argument might concentrate on something that hasn’t or will never happen or use circular reasoning. In contrast, steelman arguments present the strongest version of your opponent’s case.
he American Museum of Tort Law has several galleries which educate about precedent-setting cases,
Decades ago, I worked on a massive product liability case. I was involved on the coverage side rather than the case in chief. Defend, No Matter What The case was national in scope, with hundreds of claims. The manufacturer was in charge of the defense strategy, which was to not give an inch. Its carrier […]
Will the Inflation Reduction Act affect your settlement? A prior post discussed that possibility. A year later, there are developments The First Drug Designation The Department of Health and Human Services has named the first ten drugs to be subject to negotiation. The chosen drugs represent about 20% of total Part D annual spending, fifty […]
A recent CLM magazine article listed multiple reasons for claim processing inefficiencies. One was “unresponsive counsel.” That got me thinking about why this should be. Staff Counsel Everyone is on the same team. Staff counsel have no motive to perform work to increase billings. Theoretically, at least, communication between Claims and staff counsel should be […]
Nice guys do not finish last. To the contrary, they are more likely to get a satisfactory result Remember Civility? I was kind of surprised to learn that a “California style mediation” means going into caucus immediately and staying there until settlement or final impasse. Apparently, in the rest of the country, advocates and parties […]
Future insurance premiums might be a valid component of a settlement evaluation. If the claimant must now pay premiums that would not be required “but for” the litigated occurrence, a claimant may present this expense as an item for compensation. Considerations include: What did the claimant pay for health insurance prior to the occurrence? Was […]
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