January 10, 2011 – 12:06 am
Claim by Estate of man who was killed when roof collapsed while he was working on it at friend’s house.
January 10, 2011 – 12:05 am
Resolved claim by estate of mother who died in single-car accident after leaving bar with .34 blood alcohol level.
January 10, 2011 – 12:04 am
Mediation of claims by estates of two police officers killed while riding bicycles across Indiana in a fundraising effort for fallen police officers.
January 10, 2011 – 12:04 am
Wrongful death claim re death of severely mentally handicapped 22 year old who drowned while in bathtub under home healthcare worker’s supervision.
January 10, 2011 – 12:03 am
A 19-year old Amish boy was killed when the horse and buggy he was driving was hit from behind by a tractor-trailer. Defendants alleged that the buggy should have been travelling off the travelled portion of the roadway.
January 10, 2011 – 12:03 am
The decedent, the driver of a car in which his wife was a passenger, died when the car ran broadside into a semi-tractor trailer making a U-turn on a two-lane state highway. At issue was the applicability of recent side lighting and reflector statutes and the issue of alcohol consumption by the decedent whose blood […]
January 10, 2011 – 12:02 am
Two million dollar settlement: A 73 year old farmer suffered 2nd and 3rd degree burns over 30% of his body when a propane gas hose allegedly malfunctioned causing an explosion. Plaintiff’s alleged that the hose had a defective valve which failed to shut off the flow of gas when the hose ruptured. Defendants maintained that […]
January 10, 2011 – 12:02 am
Case brought for wrongful death of a three year old girl killed when the car driven by her father sideswiped a tractor/trailer which was allegedly negligently parked on the shoulder of an interstate highway. A large portion of the claim was for the emotional distress suffered by the father who witnessed his daughter’s death.
January 10, 2011 – 12:01 am
Mother brought suit against pharmacist for filling a prescription with 200 mg of drug instead of prescribed 125 mg, with result that child suffered permanent brain damage. Pharmacist relied on hand written notes from telephone call to emergency room physician, which call was made when pharmacist could not read prescription.
January 10, 2011 – 12:01 am
Wrongful death of businessman against six parties involved in a multi-car/truck pile up on a foggy interstate. Computer recreations were used in mediation by various parties to argue that their percentage of fault was low or non-existent vis-à-vis the other parties.
January 10, 2011 – 12:00 am
Wrongful death and personal injury action brought by estates of two men and by one injured woman against motel alleging that motel security was lax and that an armed man was able to enter the lobby, go through hallways and enter a room where he shot and killed 2 men and hit a woman. The […]
January 10, 2011 – 12:00 am
Action against bar owner for death of patron. Decedent was shot by another patron and estate argued that he was intoxicated when he entered premises and that his propensity for violence was known.
January 9, 2011 – 11:59 pm
A 34 year old female with a Master’s Degree was allegedly rendered totally disabled as a result of Reflex Sympathy Disorder (RSV) resulting from an automobile collision. The demand prior to mediation was in excess of 3 million dollars.
January 9, 2011 – 11:59 pm
39-year-old husband and father of two was turning left when he was struck from the rear by the defendant and knocked into the path of an oncoming truck. Three important elements in the settlement were the reconciliation of the dueling economists’ reports, the presentation of a structured settlement, and the dynamics between the defendant and […]
January 9, 2011 – 11:58 pm
35-year old professional diver died when he was trapped in an underground water storage tank. The plaintiff’s estate alleged that the property owner was negligent for failing to turn off an internal pump. Case was resolved with annuities and after negotiation of worker compensation liens.
January 9, 2011 – 11:58 pm
18-year-old female convenience store clerk was sexually assaulted and murdered by a delivery truck driver with a previous and undisclosed felony conviction for armed robbery of another convenience store. The action was brought against the company that employed the delivery truck driver on a theory of negligent hiring.
January 9, 2011 – 11:57 pm
Resolved claims resulting from accident where plaintiff’s minivan stalled on interstate and was struck by 18 wheeler, killing plaintiff’s 8-year-old son and rendering mother a paraplegic.
January 9, 2011 – 11:56 pm
Resolved dispute between major interstate rail carrier and industrial customer over demurrage charges.
January 9, 2011 – 11:56 pm
An operator services provider’s charges to a long distance reseller are disputed. The relationship of the parties is pursuant to a special operator services agreement. At issue were LIBD dips. The parties renewed their relationship and continue to do business together.
January 9, 2011 – 11:55 pm
An interchange telephone carrier enforces a broker agreement. The case concerned long distance telephone service at truck stops. The parties renegotiated the entire agreement during the mediation sessions reflecting the volatility in this business sector.
January 9, 2011 – 11:54 pm
Seven customers of broker-dealer filed for NSAD Arbitration for over $1,000,000 of losses allegedly incurred because of unsuitability of investments. Cases were mediated over a two-day period and all were resolved.
January 9, 2011 – 11:53 pm
Large agricultural company brought action against a broker resulting from sale of a SIV-Lite note which was backed by sub-prime mortgages. Originally rated A1+/PI, the commercial paper was downgraded the week after the sale and the issuer defaulted. The purchaser claimed it was not a QIB, that the Indiana Securities was breached, as were fiduciary […]
January 9, 2011 – 11:53 pm
A purchaser buys a multiple family building for rental purposes. There are several zoning violations that were not disclosed at the closing or during the purchase negotiations
January 9, 2011 – 11:52 pm
Resolved case brought by mortgage lender alleging “double-HUD” fraud scheme that led to significant losses on numerous loans.
January 9, 2011 – 11:51 pm
Dispute over alleged concealment of defects in house sale transaction.
January 9, 2011 – 11:51 pm
Allegations of fraud and breach of fiduciary duty by realtor.
January 9, 2011 – 11:50 pm
Allegations of fraud and deceptive practices against broker and real estate agency.
January 9, 2011 – 11:50 pm
Dispute over terms of 25 year lease on restaurant building.
January 9, 2011 – 11:49 pm
Dispute over whether wooded “common area” should be turned over to homeowners’ association or be used for commercial use by developer.
January 9, 2011 – 11:49 pm
Dispute over alleged breach of purchase agreement on 200 acres for planned housing development due to unanticipated clean up costs for environmental contamination.
January 9, 2011 – 11:48 pm
Dispute involving financial institution that foreclosed and resold real property only to find out if could not obtain clear title due to previous tax sale of property.
January 9, 2011 – 11:48 pm
Resolved disputes among members of a large homeowners association, including allegations of fraud and voting irregularities.
January 9, 2011 – 11:48 pm
In a wrongful foreclosure case the plaintiff alleges an increase in interest charges from a refinancing that would not have been required but for the foreclosure action being filed. The plaintiff also alleges damages to her reputation and lost profit damages. The property is bundled with several others in a refinancing package and the entire […]
January 9, 2011 – 11:47 pm
The plaintiff’s home is built in a subdivision located in a marginal flood area. The home floods twice in a six-month period. Insurance has fully covered the two losses prior to the mediation. The surveyor is sued for negligence. The developer is sued for fraud in the inducement concerning the lot sale. The broker is […]
January 9, 2011 – 11:46 pm
A benevolent foundation is evicted from the parish church in which it was founded. This is an emotional disagreement over fundamental views of the foundation and how they are in conflict with the views of a rather fundamentalist church. The eviction is resisted with a counterclaim for RICO.
January 9, 2011 – 11:46 pm
A business owner claims that the public taking of parking and an access to an extremely busy intersection resulted in the necessity for the business to move location. The business had thrived in the old location for over 42 years. Moving expenses and loss of goodwill are requested in addition to the customary real estate […]
January 9, 2011 – 11:45 pm
Partial condemnation of a commercial building is the subject of a multiple day session. The city is condemning a part of the land that has an abandoned underground storage tank that needs to be remediated. The parties agree to submit the issue to a neutral third party appraiser since their experts are so diametrically opposed.
January 9, 2011 – 11:44 pm
Broker sues his landowner for development or construction management fees and for broker fees for lease on the same property pursuant to oral agreement or industry standards.
January 9, 2011 – 11:44 pm
Resolution of claim for millions of dollars stemming from alleged architectural error in construction of a major college facility.
January 9, 2011 – 11:43 pm
Child was seriously injured when an ATV flipped back over front. The plaintiffs claimed that the ATV was defective and unreasonably dangerous because the reverse speed limiter could be overridden, giving excessive power to the rear wheels. The manufacturer contended that the driver ignored the warnings and activated the override while the throttle was open.
January 9, 2011 – 11:42 pm
Infant suffered severe and permanent cerebral palsy and spastic quadriplegia as a result of the alleged defective design of the ventilator. A multi-million dollar structured settlement was proposed. Dispute centered both on liability and reasonable cost of life care plan.
January 9, 2011 – 11:42 pm
Action against manufacturer of an inspection hatch on a coal dust collector. An explosion resulted from the combustion of coal dust and the plaintiff suffered serious burns and ultimately died. Defendants contended no design defects and that plaintiff was aware of dangers inherent in exposing coal dust to oxygen.
January 9, 2011 – 11:41 pm
Action brought by corporation against manufacturer for failure of the crane which collapsed, destroying major portions of the manufacturing process and resulting substantial loss of production. Damages in excess of $75 million were claimed.
January 9, 2011 – 11:40 pm
Insurer brought multi-million dollar subrogation suit against manufacturers, retailers and distributors of massive industrial shelving unit which collapsed, causing loss of inventory, property damage and business interruption.
January 9, 2011 – 11:40 pm
Suit brought by estate of farmer killed when a mid-size garden tractor rolled over. The plaintiffs alleged a rollover cage was required; the defendants argued to the contrary and that the tractor was being operated improperly on a steep incline.
January 9, 2011 – 11:39 pm
Multiple suits brought in various states against various wheel, tire and rim manufacturers for deaths and injured resulting from exploding tires, allegedly caused by mismatched rims and tires.
January 9, 2011 – 11:38 pm
Suit brought by parent of infant who suffered third degree burns over ninety per cent of her body allegedly as a result of a faulty water heater thermostat.
January 9, 2011 – 11:38 pm
Action brought by front-end loader operator who suffered a crushing injury and subsequent amputation of both legs as a result of a faulty clutch.
January 9, 2011 – 11:37 pm
Suit against manufacturer of heat cable for property damage to commercial building. Suit alleged that product should have had stainless steel grounding braid and that product warnings were inadequate.
January 9, 2011 – 11:36 pm
Claims related to drug-induced hepatitis as a side effect to a prescription drug.
January 9, 2011 – 11:35 pm
Second childless spouse was requested immediately prior to the wedding ceremony to sign an antenuptial agreement. The agreement had previously contained a provision restricting the right of the husband to dispose of his estate. This provision was stricken at the last moment and after the death of her husband, the plaintiff brought a claim in […]
January 9, 2011 – 11:35 pm
Three children of deceased founder of closely-held steel fabricating company were involved in litigation over control of the company. Their father’s will, written shortly before his death, gave controlling interest to daughter with whom he believed at the time. The other siblings alleged that the will was invalid because of incompetency and undue influence and […]
January 9, 2011 – 11:34 pm
Multiple charities having remainder interests and life beneficiaries brought a claim against executor of estate and trusts for failure to reform the decedent’s will under IRC Section 2055 to qualify for a charitable deduction.
January 9, 2011 – 11:34 pm
Dispute between family members over interest in a family real estate operation which produced income from oil wells and farming. The plaintiff alleged that she had received a gift of the percentage ownership of her deceased father from her now deceased stepmother. The executor of the stepmother’s estate and the decedent’s sister argued that the […]
January 9, 2011 – 11:33 pm
Injuries include cervical radiculopathy, herniated disc, bilateral hand pain, and a fractured elbow. The case involves some chiropractic care. The defendant retains an IME and the plaintiff retains a vocational rehabilitation expert.
January 9, 2011 – 11:32 pm
A UIM claim over $25,000 limits previously tendered. The issues and injuries discussed were: significant worker’s compensation lien, myofacial pain syndrome, trigger point cortisone injections, joint dysfunction, emotional overlay-adjustment disorder, anxiety and depression.
January 9, 2011 – 11:32 pm
Semi rearends second semi on interstate in Tennessee. Indiana and Arkansas drivers involved. Defendant trucking company in bankruptcy. Issues included compromise of a workers comp lien and the future loss of wages of a partial permanently impaired owner/operator. Structured settlement used to replace future income.
January 9, 2011 – 11:31 pm
A private agency recommends reconciliation of molester with his family. Multiple molestations occur thereafter. The State claims immunity. and does not participate, case proceeds against placement subcontractor and other individuals in this multiple party case.
January 9, 2011 – 11:30 pm
Negligent road design is a factor in a multiple fatality case. Rural road has a sharp, hidden turn and signage was hidden by vegetation. Landowner present to confirm multiple accidents at this location and his complaints to highway officials because he had to fix his fence so often.
January 9, 2011 – 11:29 pm
The plaintiff encounters degreaser in dinner roll and claims respiratory problems. The claimant has a preexisting condition of asthma. The defendant denies any permanent injuries.
January 9, 2011 – 11:29 pm
A family friend has sex with his friend’s wife. The issue is whether or not consent was given. This case involved a Chinese couple that spoke limited English and the cultural stigma of the occurrence was a difficult factor in the settlement efforts.
January 9, 2011 – 11:28 pm
A child is hurt by construction material outside a hospital, negligent supervision alleged, tort claims case involving contributory negligence defense. Medicaid paid over $18,000 in medical expenses.
January 9, 2011 – 11:27 pm
An automatic door was malfunctioning for 2 weeks prior to this injury. There was no evidence of an attempt to repair in the interim. The plaintiff has a 10%PPI of the upper extremity. Her rotator cuff is torn resulting in over $12,000 in medicals. The manufactured was joined in this action on a products liability […]
January 9, 2011 – 11:27 pm
Trainee driver runs over pedestrian, balatable leg tumor, scarring from surgery, residual pain, and $19,000 in medical liens, fractured ankle and femur, pre-suit mediation.
January 9, 2011 – 11:26 pm
An experienced 7-year-old rider thrown by ill-tempered horse. His mom said no to this horse, but owners let her ride anyway. The child has $16,000 in medical expenses for a severely broken leg. The insurance company is denying coverage because stirrup covers, tapaderos and breast collar were not used as required by the policy.
January 9, 2011 – 11:25 pm
An employee with known seizure disorder has wreck during seizure. The plaintiff has a head injury, chronic pain, amnesia, scars, and $52,000 in medicals.
January 9, 2011 – 11:25 pm
Mediation of natural gas explosion in housing development which destroyed 7 homes and damaged 60 others.
January 9, 2011 – 11:24 pm
Resolved claims resulting from accident where plaintiff’s minivan stalled on interstate and was struck by 18 wheeler, killing plaintiff’s 8-year-old son and rendering mother a paraplegic.
January 9, 2011 – 11:23 pm
The plaintiff suffers a fractured patella and an arthroscopic surgery was required. She has a subsequent fall, but claims no aggravation of the prior injuries in the later fall. There is $12,000 in medicals.
January 9, 2011 – 11:23 pm
A renter falls on basement stairs. He fractured his ankle. At issue is: $13,000 medicals, $3,000 in wage loss, water on stairs, absence of handrail, open and obvious condition and comparative fault defenses.
January 9, 2011 – 11:22 pm
Woman has a brain injury, nasal reconstruction and broken sternum resulting from a misleveling elevator. At issue is the elevator company’s liability pursuant to a preventative maintenance agreement and the permanent nature of the traumatic brain injury.
January 9, 2011 – 11:21 pm
A 4-year-old bit by unleashed dog taken to work site by employee. Versed trances used to erase the memory of the child of this traumatic event. The employer denies there was any authority for the worker to have his dog on the work site.
January 9, 2011 – 11:21 pm
An on duty motorcycle officer in pursuit falls on uneven pavement left by road construction company. She fractured her thumb, shoulder and ankle. The dip was greater than 1″, violating an accepted industry standard.
January 9, 2011 – 11:20 pm
Allegation of closed head injury from ejection from vehicle in roll-over accident where defense argued plaintiff’s condition pre-dated accident due to significant cocaine abuse and other factors.
January 9, 2011 – 11:19 pm
Allegations of poor care and understaffing at nursing home resulting in death of resident.
January 9, 2011 – 11:18 pm
Plaintiff alleged that nursing home attendants failed to move him properly and sores developed which resulted in the loss of a limb.
January 9, 2011 – 11:18 pm
Representatives of several decedents’ estates alleged that employee of nursing home literally murdered their relative and that the nursing home operators were negligent in supervision
January 9, 2011 – 11:17 pm
Representative of decedent’s estate brought action against nursing home for failure to have and/or follow care plan. Resident died of infection.
January 9, 2011 – 11:16 pm
Personal representatives of descendant’s estate alleged that COBRA violations resulted in the death of his mother. She was allegedly “dropped” because the wrong lift was used to move her. The matter was resolved in part because the nursing home itself made a contribution to the settlement offered by its insurer.
January 9, 2011 – 11:16 pm
A 94-year-old female admitted to nursing home with history of Alzheimers, Urinary Tract Infection, MRSA, and congestive heart failure. Her skin was intact when she was admitted, but developed four large decubitus ulcers. The lawsuit alleged multiple failures of care.
January 9, 2011 – 11:15 pm
A real estate broker is sued for an oral representation of acceptance of an offer to purchase. The owner accepts, in writing, an offer for more money one day after the broker’s representations to the potential buyer.
January 9, 2011 – 11:14 pm
A case filed against a podiatrist who performed Bunion surgery. The patient had a stress fracture that later required a fusion surgery. The patient now complains of chronic pain. The issue is whether the patient gave an informed consent. The medical review panel gave a unanimous opinion for the physician.
January 9, 2011 – 11:14 pm
In a negligent prescription case against a pharmacist, the issue is whether eleven days of excessive dosage caused the injuries alleged. The patient fell and suffered a broken rib and excessive diarrhea.
January 9, 2011 – 11:13 pm
Allegations by patient of inappropriate sexual relationship/assault by psychiatrist.
January 9, 2011 – 11:12 pm
Legal malpractice claim involved case within-the-case as to whether specialist in ophthalmic pathology was negligent for failing to discern that retinoblastoma had invaded the choroidal.
January 9, 2011 – 11:11 pm
Seventeen-year-old female suffered eclamptic seizures which allegedly went untreated and uncontrolled by emergency room doctors and staff. The woman became unresponsive, comatose and she aspirated because she was not intubated. At the same time, her son allegedly went from normal fetal heart tracings to being severely bradycardic and was delivered with profound and severe brain […]
January 9, 2011 – 11:10 pm
Thirty-two-year-old female died following the cesarean delivery of her son. Her death was allegedly due to the failure of the anesthesiologists to intubate and to recognize hypoxia. The son was born with low APGARS and developed seizures and developmental delays. A settlement was made with some of the medical care providers and plaintiff husband and […]
January 9, 2011 – 11:09 pm
Nursing care at issue in case against a hospital. The patient alleges that decubitus ulcers, sepsis, and a significant number of other health problems were a direct and proximate result of the care. This involves an elderly patient, a wrongful death claim and an elderly wife’s consortium claim.
January 9, 2011 – 11:09 pm
Resolved suit alleging that firm representing seriously injured motorcycle victim negligently failed to sue State with respect to a dangerous bridge condition.
January 9, 2011 – 11:08 pm
Attorneys failed to bring action against Kentucky physician within one year statute of limitation necessary to perserve parents’ claim for loss of consortium claims from date of minor child’s death to his majority. Indiana action against other physician had been settled for statutory cap.
January 9, 2011 – 11:04 pm
The case of a 10-month delay in the diagnosis of lung cancer piqued a discussion of the loss of chance doctrine, sec. 323 restatement of torts. The tumor was revealed on an x-ray for orthopedic problem, but the radiologist not looking for problems associated with the lung did not discover the mass. The oversight was […]
January 9, 2011 – 11:04 pm
A medical doctor paid out over $30,000 for an employee’s workers compensation claim including treatment the doctor provided in his office. The insurance company denies coverage because workers compensation coverage was never put in force. The doctor asserts a claim against his for the failure to provide this insurance coverage. The allegation is that the […]
January 9, 2011 – 11:03 pm
Medical review panel says standard of care met. Two independent medical review doctors find there was failure to meet standard of care. The case involved the care of a brittle diabetes patient upon whom oral surgery was performed. The patient’s blood sugar count spiked resulting in a hospitalization. A very difficult issue in this case […]
January 9, 2011 – 11:02 pm
The claim is that a positive vascular sufficiency exam should have warned the chiropractor of potential stroke if cervical adjustments are done. The doctor proceeds with cervical adjustments and the plaintiff later suffers two debilitating strokes.
January 9, 2011 – 11:01 pm
A lawsuit by plaintiff alleges that the defendant was diverting funds to avoid payment for goods. Additionally, the plaintiff alleges that defendant filed an improper artisan’s lien resulting in a slander of title. The defendant joins his legal counsel in the case regarding the filing of the lien.
January 9, 2011 – 11:00 pm
An insurance company brings a subrogation action against an architect who advised the owner of a vacant building. At issue is the architect’s advise regarding the effective winterization of the building. The insurance company had paid a casualty loss of $216,000 as a result of burst water pipes and resultant damages. The architects deny liability […]
January 9, 2011 – 11:00 pm
Claim by parent corporation against accounting firm of subsidiary alleging improper audit procedures which failed to uncover long term fraud scheme resulting in losses of $8 million.
January 9, 2011 – 10:59 pm
Claim brought by teacher association on behalf of its members against its auditor and claimed less of $70 million of fund assets.
January 9, 2011 – 10:58 pm
National insurance company sued former employees and major accounting firm alleging misappropriation of software developed by former employees and allegedly used in subsequent business enterprise.
January 9, 2011 – 10:55 pm
Corporation which manufactured ruggedized industrial computer cards and systems filed an action against competing company for misappropriation of trade secrets, conversion and breach of contract. Defendants and counterclaimants alleged that all technology was in the public domain.
January 9, 2011 – 10:54 pm
A multi-national manufacturing company granted a patent license on a large assembly line component machine to a manufacturer. A lawsuit was filed alleging patent infringement, breach of a license agreement and unjust enrichment. Plaintiff sought damages in excess of $10 million. Defendant counterclaimed, alleging that the patents were invalid and unenforceable and sought an injunction […]
January 9, 2011 – 10:53 pm
Software company brought suit against a governmental agency alleging that the agency wrongfully appropriated the source code for the programs allowing the agency to modify and update the programs without paying the company under the “support agreement”.
January 9, 2011 – 10:52 pm
Suit by manufacture of medical device against competitor for infringement of two patents. Lot profits in excess of $60 million claim with defense of release in prior suite non infringements and invalidly of patents. Defendant had sought reexaminations and certificates were issued shortly before mediation. Hearing on Motion to Dismiss and hearing were rescheduled shortly […]
January 9, 2011 – 10:51 pm
Disputes related to environmental remediation at former salvage yard slated for redevelopment. (
January 9, 2011 – 10:49 pm
Resolved insurance coverage claims related to White River Fish Kill.
January 9, 2011 – 10:48 pm
Resolved dispute between large grocery chain and its insurer as to whether its CGL policies defense costs were part of a large per claim SIR or were covered outside of the SIR.
January 9, 2011 – 10:48 pm
Recission action was brought by Insurer insuring D&O policies to another insurance company. The recission was based on alleged financial misrepresentations in the application for a renewal policy. The Insured had multiple securities actions filed against it as a result of a restatement of income and other matters. The Insurer claimed that the Insured knew […]
January 9, 2011 – 10:46 pm
Notice on indemnity policy given by insured one month after multi-million dollar verdict entered. Resolution involved policy buy out and discussion of waiver and estoppels and elements of prejudice
January 9, 2011 – 10:46 pm
An insolvent casualty company had provided three years of occurrence coverage to a fortune 500 company. The court supervising the liquidation issued an administrative order that required policyholder to value all pending, future and incurred but not reported claims. The insured reported multiple mass tort cases alleging injury or damage from its product. The insurer […]
January 9, 2011 – 10:45 pm
A surgeon was severely injured in an automobile accident and received $1,000,000 policy limits of the tortfeasor. Both doctor and insurance company agreed that the doctor was disabled from performing his job as a surgeon. The doctor was and will continue to receive disability benefits from a policy he purchased. The dispute was between the […]
January 9, 2011 – 10:44 pm
A metal rack falls off a horse trailer causing a trailing vehicle to wreck. The issue was not the amount of the claim, but rather which insurance company was responsible, the insurer of the towing vehicle or the insurer of the trailer itself.
January 9, 2011 – 10:43 pm
Claims related to broker’s advice to switch company’s stop loss carrier, resulting in laser exclusions for certain high dollar claims.
January 9, 2011 – 10:41 pm
Sixty-five year old man applied for health insurance and reported in a telephone application that he had seasonal allergies and took over-the-counter medicine. Two years later, he had serious heart issues and incurred substantial medical bills. The medical bills triggered a recovery and receipt of prior medical records and those records disclosed that the insured […]
January 9, 2011 – 10:40 pm
A company refused to settle a clear liability wrongful death claim for $25,000 limits. However, the limits were offered six weeks after the initial demand. The case went to trial, excess judgment rendered for $166,000. The defendant/insured declared bankruptcy.
January 9, 2011 – 10:39 pm
Claim against insurance agency for failure to obtain replacement cost insurance on shopping center that subsequently burnt down.
January 9, 2011 – 10:39 pm
Dispute regarding coverage allegedly promised by agent versus coverage actually contained in the insured’s policy.
January 9, 2011 – 10:38 pm
Resolved dispute between doctors/shareholders in prominent IVF practice.
January 9, 2011 – 10:37 pm
Allegations of poor care and understaffing at nursing home resulting in death of resident.
January 9, 2011 – 10:37 pm
Wrongful death claim re death of severely mentally handicapped 22 year old who drowned while in bathtub under home healthcare worker’s supervision.
January 9, 2011 – 10:36 pm
Physician was one of approximately 30 members of a limited liability corporation organized to provide surgery and anesthesiology services to a local hospital. The corporation was governed by an operating agreement that provided for the withdrawal and termination of members. The physician filed for bankruptcy and the Trustee in his estate argued that the estate […]
January 9, 2011 – 10:35 pm
A dispute arose among three members of a 40-50 physician multi-specialty group practice, which also owned and operated an out patient surgery center, a radiology imaging center, a radiation oncology center, a clinical laboratory and a medical office building. The physicians were organized into various group practices and three members formed a radiology practice which […]
January 9, 2011 – 10:35 pm
Certain members of a large physician-owned limited liability corporation, which owned and operated an open sided MRI diagnostic center left that LLC to form a competing organization. Complaints and counter-claims alleged breach of operating agreements, breach of covenants not to compete, unfair competition, interference with contractual relations and violation of applicable state and federal statute. […]
January 9, 2011 – 10:35 pm
A non-profit corporation that owned and operated a metropolitan hospital entered into a physician employment agreement with a general surgeon. The hospital purchased the stock owned by the physician in his medical practice business and entered into a Stock Purchase Agreement and Physician Employment Agreement. The hospital brought an action for damages and injunctive relief, […]
January 9, 2011 – 10:34 pm
A corporation formed to provide medicine services for certain healthcare providers brought an action against the hospital with whom it had contracted. The service agreement was executed at the same time as the month to month lease for space within the hospital was entered into. The hospital terminated the lease and the corporation argued that […]
January 9, 2011 – 10:33 pm
Multi-national health insurer brought a lawsuit against a large software company and multiple other parties alleging breach of contract, interference with contractual relationships, unfair competition and infringement and misappropriation of certain intellectual property. Several layers of insurers and re-insurers were involved in the mediation, which spanned several months and included detailed examinations of issues in […]
January 9, 2011 – 10:32 pm
Claims by construction lenders against title insurers based on multi-million dollar fraud scheme by home builder.
January 9, 2011 – 10:31 pm
Claim against bank by line of credit customers that scheme by former convicted bank employee ruined their credit.
January 9, 2011 – 10:31 pm
Claim involving foreclosure on home without proper notice and after initial foreclosure judgment was set aside.
January 9, 2011 – 10:30 pm
Dispute over competing claims to collateral securing large commercial loans.
January 9, 2011 – 10:30 pm
Principals of a mortgage brokerage company were convicted of diverting monies from a loan escrow account. The lenders deposited funds to be disbursed pursuant to HUD closing statements in an escrow account of the law firm with Bank “A”. The law firm, allegedly negligently, forwarded these funds directly to the mortgage brokers, a principal of […]
January 9, 2011 – 10:28 pm
Dispute over estate of founder of popular restaurant chain and his partner.
January 9, 2011 – 10:28 pm
Consultant company charged with maintenance of water in a skyscraper’s chilled water cooling system. System experienced significant scaling and fouling from well water, non-softened water supply. Remedies included acidification and clorination. Eddy current and coupon tests performed. Pitting in copper pipes results in leaks that invade freon chamber causing destruction of the compressors. $400,000 in […]
January 9, 2011 – 10:27 pm
Resolved coverage dispute involving remediation of PCB contamination of Fox River in Wisconsin.
January 9, 2011 – 10:26 pm
Resolved case involving multi-million dollar remediation of mold problem in hotel.
January 9, 2011 – 10:25 pm
Resolved claims for significant personal injuries alleged to be caused by mold in facility of larger package shipment company.
January 9, 2011 – 10:24 pm
Insurance company denies coverage under “fungus” and “workmanship” exclusions. Large commercial building asserts water intrusion as the source of loss with mold as a result. An industrial hygenist, a consulting engineer and the original contractor participated in the mediation. Bad faith also asserted in the denial of the claim. No personal injury asserted.
January 9, 2011 – 10:24 pm
Disputes between electric utility company and general contractor on construction of power plant.
January 9, 2011 – 10:23 pm
Resolved $9 million dispute regarding apportionment of transmission loses and other MISO costs among joint owners of power plant.
January 9, 2011 – 10:23 pm
Mediated disputes among parties and insurers related to consequences of gas explosion.
January 9, 2011 – 10:21 pm
Dispute alleging wrongful termination of a County Administrator
January 9, 2011 – 10:21 pm
Resolved claims for significant personal injuries alleged to be caused by mold in facility of larger package shipment company.
January 9, 2011 – 10:20 pm
Resolved dispute involving allegations of retaliation on “whistleblowers” involving corruption within city police force
January 9, 2011 – 10:19 pm
Policy addressing vacation pay is contested upon grounds of selective enforcement. Customer list and other trade secrets are alleged to be improperly used by former employees competing in same strip mall in a personal services business.
January 9, 2011 – 10:18 pm
Claims of sexual harassment against police officer, city and county.
January 9, 2011 – 10:18 pm
Employees of an organ manufacturer clandestinely complete with their employer. Afterward, the employees enter into an asset purchase agreement for purchase of the company. The original company sues for breach of fiduciary duty and for payment of the 10% of gross sales for 10 years called for in the agreement. Case is resolved in a […]
January 9, 2011 – 10:17 pm
Discharged employee brought action for sex and pregnancy discrimination and pointed to disparate treatment and comments of supervisors in reference to not wanting to hire younger women who might want children. Employer pointed to long history of hiring, retaining and accommodating women and pregnant women.
January 9, 2011 – 10:16 pm
Age discrimination action brought by car salesman alleging that dealership wanted to replace sales force with younger employees.
January 9, 2011 – 10:15 pm
Age discrimination action by 55-year old food service manager claiming that supervisor told him it was “time to retire”.
January 9, 2011 – 10:14 pm
Age discrimination charge by 62-year old “independent contractor” for termination of his distributorship agreement with national manufacturer.
January 9, 2011 – 10:14 pm
Defendant argued that plaintiff was not employee within meaning of act and that no discrimination occurred.
January 9, 2011 – 10:13 pm
Employee of national bank brought action against bank and holding company for violation of the ADA. The employee was in a wheelchair and although the bank had modified the branch where the employee worked most of the time, the employee was asked to work several Saturdays at another branch which had not been renovated. The […]
January 9, 2011 – 10:13 pm
Mediation of claims arising under the Family Medical Leave Act, Americans with Disabilities Act, and Fair Labor Standards Act.
January 9, 2011 – 10:12 pm
Alleged wrongful termination of bank president after 30 years of service.
January 9, 2011 – 10:11 pm
Dispute over whether employee forfeited $750,000 in stock options upon his leaving the company.
January 9, 2011 – 10:10 pm
Claim for wrongful termination of high-ranking executive for accepting a promotional gift for his daughter from a vendor.
January 9, 2011 – 10:09 pm
Employee brought an action for discrimination. An African-American, he was terminated because he was seen visiting an adult bookstore on company time and driving a marked company truck. The employee maintained he was on his lunch hour and that white employees had engaged in similar conduct and had been treated differently.
January 9, 2011 – 10:08 pm
Discharged employee brought action for sex and pregnancy discrimination and pointed to disparate treatment and comments of supervisors in reference to not wanting to hire younger woman who might want children. Employer pointed to long history of hiring, retaining and accommodating women and pregnant women.
January 9, 2011 – 10:07 pm
Employee was terminated for visiting a location during working hours which his employer found to reflect poorly on the company. He sought relief under the dispute resolution clause of his employment agreement. The matter was resolved in mediation in part because of a private meeting between the employee and his former supervisor. The employee had […]
January 9, 2011 – 10:07 pm
Employee brought an action for discrimination. An African-American, he was terminated because he was seen visiting an adult bookstore on company time and driving a marked company truck. The employee maintained he was on his lunch hour and that white employees had engaged in similar conduct and had been treated differently.
January 9, 2011 – 10:06 pm
Age discrimination charge by 62 year old “independent contractor” for termination of his distributorship agreement with national manufacturer. Defendant argued that plaintiff was not employee within meaning of act and that no discrimination occurred.
January 9, 2011 – 10:05 pm
Employee of national bank brought action against bank and holding company for violation of the ADA. The employee was in a wheelchair and although the bank had modified the branch where the employee worked most of the time, the employee was asked to work several Saturdays at another branch which had not been renovated. The […]
January 9, 2011 – 10:04 pm
Action brought by employee for wrongful discharge and slander when terminated for allegedly embezzling funds.
January 9, 2011 – 10:04 pm
Four employees of a large Midwestern manufacturing company brought actions under Title VIII and USCA 1981. The Company maintained that all claims were barred by the statute of limitations, that allegations were outside the claims brought before the EEOC and that the employment actions were appropriate pursuant to a reduction in force. One major point […]
January 9, 2011 – 10:03 pm
Suit brought by former executive of bank for unpaid bonus and counterclaim by bank for breach of fiduciary duty. Each party was seeking seven figures in damages from the other. The bank maintained that the former executive had been involved with a conspiracy involving the former president of the applicable bank division and that former […]
January 9, 2011 – 10:03 pm
Bank Security Director made a claim against his employer for violation of Sarbanes-Oxley Act of 2003, claiming he suffered an adverse action because of his whistle-blowing. The Bank countered that he had not been terminated and that no damages were incurred. The employee claimed emotional distress damages as a result of intimidation and harassment.
January 9, 2011 – 10:02 pm
Woman alleges a hostile work environment due to sexual innuendos and inferences. There is no explicit or overt explicit sexual advance. The employee “voluntarily” ended her employment. The issue presented is whether the plaintiff presents sufficient circumstantial evidence that would establish a prima facie case and the shifting of the burden of proof.
January 9, 2011 – 10:01 pm
Whistleblower: Whistleblower claims she was wrongfully discharged. An employment contract governs the relationship of the parties. The employer claims trade defamation by the disclosure of financial, marketing, customer and formula information to a direct competitor. The competitor was joined in the discussions and a global settlement was reached.
January 9, 2011 – 10:00 pm
A “broker” represented an electronic coating services company. The contract establishing this relationship contained non-solicitation and non-compete clauses. The “broker” engaging the interests of venture capitalists regarding a buyout of business by the “broker” and his new business partners resolves a seven-figure claim. The manufacturer agrees to sell a part of its business that was […]
January 9, 2011 – 9:59 pm
Dispute arising from taking of church property for road expansion that moved road closer to playground and negatively impacted ingress and egress on church property.
January 9, 2011 – 9:58 pm
Dispute between estate of founder of school and institution and current board regarding repayment of monies provided to the organization by the founder.
January 9, 2011 – 9:56 pm
Claim by parent against son’s private school for damages related to school’s refusal to release transcript to prospective colleges due to non-payment of tuition.
January 9, 2011 – 9:55 pm
Coverage dispute related to a claim by a not-for-profit school against its founder over disposition of certain property to the founder.
January 9, 2011 – 9:54 pm
Resolved claim by estate of mother who died in single-car accident after leaving bar with .34 blood alcohol level.
January 9, 2011 – 9:53 pm
Domestic partners dispute distribution of significant equity in home and personal property. Relationship with one partner’s children also discussed.
January 9, 2011 – 9:52 pm
Dispute involving motion for sanctions against an attorney for persisting with litigation in face of audience contrary to the “shot in the dark” allegations in the complaint.
January 9, 2011 – 9:51 pm
Dispute over alleged misrepresentation in settlement agreement by settling party and counsel.
January 9, 2011 – 9:50 pm
Non-bid services contract negotiations with state agency and in vendor attempting to enforce contract and state denying existence of the contract. Final contract was fully executed by all departments and the vendor, but the executed document was not communicated to the vendor.
January 9, 2011 – 9:48 pm
Claims for damages by utility against contractor who struck chilled water main during major excavation project.
January 9, 2011 – 9:47 pm
$8 million claim against surety after contractor goes bankrupt and leaves project in shambles.
January 9, 2011 – 9:47 pm
A worker is electrocuted on the job site. He has collected significant worker’s compensation benefits and there is a lien. He blames the manufacturer of a junction box for failure to properly instruct end users and for failure to service unit properly. The parties agree to assess only 17% of fault against the manufacturer. This […]
January 9, 2011 – 9:43 pm
Builder of new homes agrees to do finish work on luxury townhouse ($1.5M value) as a favor to the owner. The owner alleges the work was not up to industry standards and defective. There is also an allegation of defective sewer connections and damages that flowed from that. The builder protects his otherwise good reputation […]
January 9, 2011 – 9:42 pm
Claim involving unsuitable groundwork on Florida convention center project, leading to termination of general contractor on $12,000,000 project.
January 9, 2011 – 9:41 pm
Claim involving substantial delays and additional costs on school building projects related to Hurricane Hugo.
January 9, 2011 – 9:41 pm
Claim involving surveying errors which necessitated redesign of a several-hundred unit condominium development after construction began.
January 9, 2011 – 9:40 pm
Claims involving HVAC problems in hotel leading to severe humidity damage to walls and ceilings.
January 9, 2011 – 9:40 pm
Claims involving costs to winterize large school project due to delays in furnishing structural steel to the project.
January 9, 2011 – 9:39 pm
Claim involving cracking and discoloration in new terrazzo flooring in multi-million dollar high school project.
January 9, 2011 – 9:39 pm
Dispute alleging defects in design and construction at shopping center.
January 9, 2011 – 9:38 pm
Claim by “factoring” company against general contractor to pay account receivable it purchased from subcontractor who went bankrupt and did not complete its work
January 9, 2011 – 9:37 pm
Dispute between general contractor and City over construction of water treatment plant.
January 9, 2011 – 9:37 pm
Dispute over interpretation of contractual duties of structural steel contractor on hospital building project.
January 9, 2011 – 9:36 pm
Claims alleging damage to 1400 cars from paint overspray during construction at auto manufacturing facility.
January 9, 2011 – 9:35 pm
Resolved claims and counterclaims between general contractor and major subcontractor regarding construction of new $80 million chemistry lab at Eli Lilly.
January 9, 2011 – 9:35 pm
Disputes between electric utility company and general contractor on consolidation of power plant.
January 9, 2011 – 9:34 pm
Resolved claims related to improper application of floor sealant in 130,000 square foot manufacturing facility.
January 9, 2011 – 9:29 pm
Resolved claims by 500+ member HOA related to problems with retention ponds.
January 9, 2011 – 9:28 pm
Dispute between state and blasting contractor over construction of portions of state highway in southern Indiana.
January 9, 2011 – 9:27 pm
Action brought by government’s entity against contractors, architect, roofing suppliers and roof system manufacturers for failure of roof on public library.
January 9, 2011 – 9:26 pm
Action between owner of car dealership, general contractor, masonry contractor, painting contractor, project architect and insulation contractor for alleged failure to properly insulated building resulting in multi-million dollar damages.
January 9, 2011 – 9:25 pm
Complaint filed by youth group against architect and contractor for delay and improper construction of scout camp.
January 9, 2011 – 9:25 pm
Multi-million dollar class action brought by condominium owners against builders, suppliers and manufacturers for allegedly faulty roof systems.
January 9, 2011 – 9:24 pm
Car dealer brought action against architect on basis that original design was defective in that it did not allow for future expansion which owner alleged was contemplated in original agreement.
January 9, 2011 – 9:24 pm
Claims related to $200 million residential/commercial development project at Notre Dame University.
January 9, 2011 – 9:22 pm
Arbitration of dispute regarding design of “cap” on hazardous waste landfill.
January 9, 2011 – 9:21 pm
Claim by “factoring” company against general contractor to pay account receivable it purchased from subcontractor who went bankrupt and did not complete its work.
January 9, 2011 – 9:18 pm
Dispute over disposition of debt and equity of public company under Indiana Business Combination Act and Indiana Control Share Acquisition Act
January 9, 2011 – 9:18 pm
Breach of contract and accounting action growing out of the sale of a manufacturing business. The selling company was a closely held corporation and at issue in part was the exposure of individual shareholders for certain allegedly fraudulent representations.
January 9, 2011 – 9:17 pm
A multi-national manufacturing company granted a patent license on a large assembly line component machine to a manufacturer. A lawsuit was filed alleging patent infringement, breach of a license agreement and unjust enrichment. Plaintiff sought damages in excess of $10 million. Defendant counterclaimed, alleging that the patents were invalid and unenforceable and sought an injunction […]
January 9, 2011 – 9:16 pm
Swimming pool supply company sued distributor for breach of settlement agreement in dispute over sales and territory. Matter resolved in part by extension of territory and reduction of commission.
January 9, 2011 – 9:16 pm
Internationally known professional race driver brought an action against his former racing team for breach of contract. The team counterclaimed, alleging that the driver had failed to account to the team for all sponsorship monies. The matter was settled over a period of several days, with final settlement occurring in a five-way conference session involving […]
January 9, 2011 – 9:15 pm
Advertising specialty product distributor and manufacturer settled a contract dispute in which the distributor, who grew from a garage business to over $8 million gross sales in four years, alleged that the manufacturer breached an oral agreement to sell products and engaged in unfair competition.
January 9, 2011 – 9:14 pm
Several plaintiffs brought suit against a financial institution and former bank officer, alleging that they relied on the bank officer’s recommendations and invested in “off shore” investments which turned out to be a “ponzi scheme”.
January 9, 2011 – 9:13 pm
A complex case involving two medical professional groups, two former employees and eleven industrial professionals. An action was brought for breach of fiduciary duty, interference with contractual relationships and other actions when an employee and former employee formed a competing company. A third party complaint for legal malpractice, seeking indemnity from the attorney giving an […]
January 9, 2011 – 9:12 pm
Resolved Claims by dispossesed partner for 50% of partnership assets where no partnership agreement existed.
January 9, 2011 – 9:11 pm
Dispute among partners involved in dissolving a real estate joint venture with hundreds of millions in real estate holdings.
January 9, 2011 – 9:10 pm
Dispute between Fortune 500 companies over contract to provide new cellular phone technology.
January 9, 2011 – 9:09 pm
Various disputes nationwide between doctors and providers of practice management services.
January 9, 2011 – 9:09 pm
Various disputes between automobile manufacturers and their dealers.
January 9, 2011 – 9:08 pm
Dispute over terms of 25 year lease on restaurant building.
January 9, 2011 – 9:07 pm
Claim by waste management company alleging defects in 10,000 trash containers.
January 9, 2011 – 9:07 pm
Resolved dispute between major interstate rail carrier and industrial customer over demurrage charges.
January 9, 2011 – 9:06 pm
Resolved dispute between consultant and corporation over fees and commissions due from securing government contracts for corporation.
January 9, 2011 – 9:00 pm
Resolved dispute involving endorsement by founding family member of major soft drink brand.
January 9, 2011 – 8:56 pm
Two international companies were involved in a dispute over coating services agreements relating to plants in France and Sweden. All matters were resolved one week before the first of two arbitrations were scheduled to begin with the International Centre for Dispute Resolution.
January 9, 2011 – 7:56 pm
Suit brought by company to enforce non-competition agreement against former employee and to obtain injunctive relief and damages from company allegedly receiving trade secrets from former employee.
January 9, 2011 – 7:54 pm
Resolved claims & counterclaims related to termination of significant commercial (case based on failure of lessor to name lesser as an additional insured.)
January 9, 2011 – 7:52 pm
Dispute involving joint venture between major oil company and owner of 26 gas stations.
January 9, 2011 – 7:51 pm
Resolved class action involving late fees charged by major cable television company.
January 9, 2011 – 7:48 pm
Served as mediator of class action against a national insurance company for claims of defrauding policyholders.
January 9, 2011 – 7:48 pm
Served as mediator of class action against State of Indiana involving misdirection of funding to schools.
January 9, 2011 – 7:47 pm
Served as mediator in class action against major soft drink manufacturer concerning contamination of ammonia at bottling plant.
January 9, 2011 – 7:46 pm
Served as mediator in fee dispute among class counsel in a highly successful securities class action.
January 9, 2011 – 7:44 pm
Served as case adjudicator in connection with settlement of class action against U.S. Government concerning civil rights violations.
January 9, 2011 – 7:44 pm
Served as court-appointed special master as part of class actions involving combination weight-loss drugs.
January 9, 2011 – 7:37 pm
Allegations of fraud and deceptive practices against major telephone company concerning charges for “inside wire maintenance”.
January 9, 2011 – 7:35 pm
Dispute involving objectors to class action on various grounds.
January 9, 2011 – 7:34 pm
Resolved claims by hundreds of homeowners for damages related to radio waves emitted from high frequency tower.
January 9, 2011 – 7:33 pm
A class action was brought against a cable television company alleging that late fines were improperly calculated and that the fees were improper because they amounted to unlawful penalties. The matter was resolved in part by the issuance by the company of coupons to the class members for a certain menu of cable benefits.
January 9, 2011 – 7:33 pm
A class action was brought against a chain of nursing homes, alleging irregularities and overcharges for medical supplies and pharmaceuticals. One part of the resolution involved settling the amount for the class and conducting a hearing to determine appropriate attorneys’ fees.
January 9, 2011 – 7:32 pm
A class action was brought on behalf of investors purchasing interests in a series of real estate investment trusts. The action was brought against the financial advisers, their attorneys and accountants. The matter was settled in part by an assignment of the interests of certain class members to the insurers of the defendants.
January 9, 2011 – 7:31 pm
Mediated class action involving customers of payday loan who alleged violation of consumer statutes, breach of contract and violation of usury laws.
January 9, 2011 – 7:30 pm
HealthSouth: Appointed by State Court Judge in Birmingham, Alabama, to mediate the state court litigation alleging billions of dollars of losses stemming from accounting and financial reporting fraud. The litigation included derivative actions and class actions for fraud and breach of fiduciary duty and securities fraud actions against officers, directors and outside accounting and investment […]
January 9, 2011 – 7:28 pm
Resolved dispute involving allegations of retaliation on “whistleblowers” involving corruption within city police force.
January 9, 2011 – 7:24 pm
Dispute over ouster of partner from closely held partnership.
January 9, 2011 – 7:07 pm
Claims by member of LLC that he was fraudulently induced and coerced to contribute additional funds into hotel project.
January 9, 2011 – 7:06 pm
Break up of accounting firm and associated corporations and partnerships.
January 9, 2011 – 7:01 pm
Former plastic surgeon partners severed their relationship. Each has the intention of competing in the same geographic area. The partners reached a tentative agreement brokered by a 3rd party doctor of mutual agreement, but this agreement fell through. The partner that took most of the equipment with him in the original breakup entered into a […]
January 9, 2011 – 7:00 pm
Minority shareholder sues dominate shareholder for breach of fiduciary duty and receivership due to impasse.
January 9, 2011 – 6:57 pm
The parties renegotiate a contract for an outdoor advertising sign that is interfering with the property owner’s ability to sell his property. The original contract was of questionable validity. The Landowner needs to sell his property due to age and financial considerations and the advertising company needs to continue this lease due to its prime […]
January 9, 2011 – 6:55 pm
Physical therapy services provider enters into a contract to be the exclusive physical therapists at a nursing home. Suit is brought to collect for services provided pursuant to this contract, and for violation of the exclusive provider clause. It is alleged that the nursing home hired the exclusive provider’s staffers and began to bill Medicare […]
January 9, 2011 – 6:53 pm
Engine supplier pursues an invoice for service. End user counter sues for overcharges, negligent repairs and business interruption. Diesel engines and drilling equipment were at the center of the dispute.
January 9, 2011 – 6:51 pm
Consultant company charged with maintenance of water in a skyscraper’s chilled water cooling system. System experienced significant scaling and fouling from well water, non-softened water supply. Remedies included acidification and clorination. Eddy current and coupon tests performed. Pitting in copper pipes results in leaks that invade freon chamber causing destruction of the compressors. $400,000 in […]
January 9, 2011 – 6:48 pm
Independent contractor deposits checks of his principle in a similarly named account to which only the I.C. has access. Seven figure loss. UCC, negligence, fraud and set off claims asserted.
January 9, 2011 – 6:47 pm
An action to collect an account stated for a percentage of gross profits that were to be paid to the seller of a large truck sales franchise. The counter-claim is for various breaches of the buy-sell agreement including a misrepresentation of inventory and intentional interference with the buyer’s business opportunities. The resolution of a relatively […]
January 9, 2011 – 6:46 pm
Employees of an organ manufacturer clandestinely compete with their employer. Afterward, the employees enter into an asset purchase agreement for the purchase of the company. The original company sues for breach of fiduciary duty and for payment of the 10% of gross annual sales for 10 years called for in the agreement. Case is resolved […]
January 9, 2011 – 6:45 pm
Allegations of production software failure leading to demise of a start-up steel rolling facility.
January 9, 2011 – 5:59 pm
Mediated dispute among partners in dissolving real estate joint venture with hundreds of millions of dollars in real estate holdings
January 9, 2011 – 5:57 pm
Mediated claims between racing teams and suppliers
January 9, 2011 – 5:57 pm
Mediated claims between racing teams related to sales of equipment
January 9, 2011 – 5:56 pm
Mediated claims by IRL driver against team owner to make good on contract after sponsor breached agreement with team
January 9, 2011 – 5:54 pm
Mediated dispute between top IRL driver and team owner over calculation of moneys owed
January 9, 2011 – 5:52 pm
Served as Special Master in Multi-District Litigation related to combination diet drugs
January 9, 2011 – 5:49 pm
Mediated claims involving crash-worthiness of automobiles in accidents resulting in paralysis and death
January 9, 2011 – 5:47 pm
Served as Special Master to Federal Judge in patent dispute between two leading manufacturers of diesel engines
January 9, 2011 – 5:42 pm
$20 million claim against major patent firm alleging failure to protect significant patents in Europe
January 9, 2011 – 5:41 pm
$80 million claim against major accounting firm stemming from bankruptcy of pension fund
January 9, 2011 – 5:40 pm
$30 million claim against major law firm alleging conflict of interest
January 9, 2011 – 5:39 pm
$100 million claim against major law firm representing client who created ponzi scheme against NFL players and other high-profile investors
January 9, 2011 – 5:38 pm
$200 million claim against major accounting firm for failure to detect major fraud scheme through its audit procedures
January 9, 2011 – 5:34 pm
Mediated claim by Fortune 50 company against its insurers related to PCB contamination at numerous sites, including Boston Harbor.
January 9, 2011 – 5:34 pm
Mediated claims by national dry cleaning entity for reimbursement of clean up of TCE spills at its stores throughout the country
January 9, 2011 – 5:33 pm
Mediation of claims by major manufacturer against multiple insurers to recover potential $900 million remediation at Superfund site.
January 9, 2011 – 5:32 pm
Mediation of insurance claims by 125-year-old utility company against scores of insurers relating to environmental contamination at manufactured gas sites.
January 9, 2011 – 5:29 pm
Mediated claim involving failure of business due to environmental contamination
January 9, 2011 – 5:28 pm
Mediated claims by neighboring landowners to dry cleaning establishments related to remediation of TCE contamination
January 9, 2011 – 5:27 pm
Mediated claims by dozens of homeowners against national convenience store chain stemming from UST leaks and benzene exposure
January 9, 2011 – 5:20 pm
$200 million claim arising from breach of long term lease of power plant
January 9, 2011 – 5:19 pm
Mediated claims of gender discrimination within Board of Directors of Fortune 50 company
January 9, 2011 – 5:18 pm
Mediator in two national class action settlements related allegations of sexual harassment and gender discrimination within major securities brokerage entities
January 9, 2011 – 5:13 pm
Sole arbitrator in wrongful termination action by CEO of major professional association related to alleged misrepresentation of qualifications
January 9, 2011 – 5:12 pm
Mediated claims by African-American managers at national package delivery service alleging denial of further upward mobility based on race
January 9, 2011 – 5:11 pm
Mediated claims related to construction of Boston police headquarters
January 9, 2011 – 5:10 pm
Mediated claims related to construction of new Marion County Library
January 9, 2011 – 5:06 pm
Mediated claims involving substantial delays and additional costs related to Hurricane Hugo on school building projects in Florida
January 9, 2011 – 5:05 pm
Mediated claims involving unsuitable groundwork on Florida convention center project
January 9, 2011 – 5:03 pm
Mediated claims related to new Carmel Arts Center project
January 9, 2011 – 5:02 pm
Mediated claims involving the multi-billion dollar “Big Dig” construction project in Boston
January 9, 2011 – 3:17 pm
On select panel to resolve disputes between major automakers and their dealerships
January 9, 2011 – 3:16 pm
Mediated dispute between Amtrak and manufacturer of high-speed Acela trains, including development of protocols to keep trains in service along Northeast Corridor
January 9, 2011 – 3:15 pm
Mediated contract dispute between “Hulk Hogan” and Time Warner
January 9, 2011 – 3:12 pm
Mediated dispute between major soft drink bottler and can manufacturer over cost escalations to produce 70 billion aluminum cans
January 9, 2011 – 3:10 pm
Mediated class action involving claims stemming from deteriorating concrete in the foundations of several hundred homes.
January 8, 2011 – 3:54 pm
State court litigants filed an involuntary bankruptcy petition against another corporate litigant. Allegations and adversary proceedings involving fraudulent transfers and breaches of fiduciary. The Trustee sought approval for a settlement, which the court after hearing, denied. All of the issues were then mediated, resulting in a global settlement which all parties agreed to support and […]
January 8, 2011 – 3:43 pm
The Chapter 11 Debtor brought eight or more adversary proceedings against various individuals and entities who allegedly received fraudulent transfers from the debtor corporation or its former officer and director. An action was also maintained against the corporation’s accountants. The various defendants alleged that the transfers were loans to officers, banned by laches and applicable […]
January 8, 2011 – 3:36 pm
Adversary proceeding in which Trustee brought action for equitable subordination, to recover preferential transfer for benefit of creditors and for recovery of post-petition transfers. The Debtor brought action to recover accounts receivable and other assets as secured creditor. Issues included whether cash infusions were loans to capital.
January 8, 2011 – 3:30 pm
Trustees in two of the bankruptcies had filed adversary proceedings against the former accountants and lawyers of the former CEO of the bankrupt companies, alleging RICO violations. Suits were also filed against numerous entities allegedly related to the former CEO, alleging conspiracy to defraud creditors. Counterclaims were filed personally against the Trustee for breach of […]
January 8, 2011 – 3:26 pm
Appointed by Federal Bankruptcy Judge to mediate global settlement of three interrelated bankruptcies and numerous adversary proceedings involving over forty persons or entities.
January 8, 2011 – 3:24 pm
Dispute among banks regarding priority of rights on property put up as collateral on multiple loans by bankrupt fraudulent borrower.
January 8, 2011 – 3:08 pm
State court litigants filed an involuntary bankruptcy petition against another corporate litigant. Allegations and adversary proceedings involving fraudulent transfers and breaches of fiduciary. The Trustee sought approval for a settlement, which the court after hearing, denied. All of the issues were then mediated, resulting in a global settlement which all parties agreed to support and […]
January 8, 2011 – 3:06 pm
Resolved case brought by mortgage lender alleging “double-HUD” fraud scheme that led to significant losses on numerous loans.
January 8, 2011 – 2:56 pm
Suit by partners in auto dealership against bank for allowing crooked partner to engage in massive check kiting scheme.
January 8, 2011 – 2:41 pm
Fifty-year old professional male was awarded an eight-figure damage amount in the trial court and the matter was mediated and settled after an Indiana Court of Appeals decision affirming the verdict but before a Petition to Transfer to the Indiana Supreme Court was ruled on. Part of the mediation process involved discussion of the percentages […]
January 8, 2011 – 2:31 pm
An interlocutory appeal was pending from the trial court’s denial of a Motion for Summary Judgment. The Appellant, a financial institution, argued that Ohio Valley Plastics, Inc. v. National City Bank, 687 N.E.2d 260 (Ind.Ct.App. 1997) required the trial court to grant summary judgment when a subcontractor brought suit against the bank for failing to […]