Discussion of Mediation - Civil Procedure - Lecture Slides, Slides of Civil procedure

Download Discussion of Mediation - Civil Procedure - Lecture Slides and more Slides Civil procedure in PDF only on Docsity! Agenda for 25th Class • Name plates out • Introduction to Diversity Jurisdiction • Discussion of mediation & court visit • Settlement (continued) • Fees Docsity.com Mock Mediation & Court Visit Docsity.com Diversity Jurisdiction III • If no diversity, can, of course, still get federal jurisdiction through federal question • Removal allowed if case could have been brought initially in federal court AND defendant is NOT from forum state – CA sues MA in MA court for $80,000, MA defendant cannot remove to federal court, even though CA plaintiff could have brought case in federal court • Must still show personal jurisdiction & venue Docsity.com Economic Model of Settlement • Plaintiff and defendant estimate their expected recovery/liability – Plaintiff minimum acceptable offer: probability x damages – litigation costs – Defendant maximum acceptable offer: probability x damages + litigation costs • If plaintiff’s minimum acceptable offer is higher than defendant’s maximum offer, then settlement is impossible • If plaintiff’s minimum acceptable offer is lower than defendant’s maximum offer, then settlement is possible – But still might not happen, if parties engage in strategic behavior and fail to reach agreement an exact settlement amount • Settlement problems continued Docsity.com Fees Shifting • Costs – Usually pretty minor– filing fees, court reporter, non-expert witness fees – According to statute, always paid by losing party • Fees – Lawyers fees. – Usually large – American rule: each party pays own attorneys’ fees – British rule. Loser pays • If plaintiff wins, then defendant pays plaintiff’s lawyer’s fees • If defendant wins, then plaintiff pays defendant’s lawyers fees • Fee shifting always subject to judicial inquiry into reasonableness • Fee shifting problems Docsity.com