Brooks v. Lincoln National Life Ins. Co., No. 8:05CV118, 2006 WL 2487937 (D. Neb. Aug. 25, 2006)

Authors

James Coben, Mitchell Hamline School of LawFollow

Subject Area

Sanctions

Document Type

Video

Publication Date

1-1-2007

Comments

Play time: 3:10 minutes

Affirming award of sanctions against plaintiff's counsel for violating obligation in mediation order to negotiate with objective good faith by: (1) indicating plaintiff would not respond to the defendants' initial offer and directing the mediator to tell defendants they had five minutes to put a serious settlement offer on the table or plaintiff was leaving; 2) indicating defendants' second offer or proposal was unacceptable and unworthy of response, (3) not allowing the mediator to explain the defendants' offers, (4) not engaging in dialogue with defendants' counsel to correct what Brooks's counsel perceived as deficiencies in the mediation process, and (5) unilaterally terminating or abandoning the mediation process.

Recommended Citation

Coben, James, "Brooks v. Lincoln National Life Ins. Co., No. 8:05CV118, 2006 WL 2487937 (D. Neb. Aug. 25, 2006)" (2007). Mediation Case Law Teaching Videos. 2.
https://open.mitchellhamline.edu/dri_mclvideo/2