Below you find court decisions of note regarding online dispute resolution
(ODR), eDiscovery, the Internet, alternative dispute resolution (ADR) and other matters.
- July 2011 - Suit v Suit - Maryland Mediator Confidentiality
This case came before this Court on Plaintiff’s Motion for Partial Summary Judgment, Plaintiff’s Motion to Compel Enforcement of Settlement Agreement, as well as the merits of his Complaint for Divorce. Plaintiff, Thomas Suit, sought a Final Judgment of Divorce incorporating a “Settlement Agreement” that resulted from a mediation which took place while an action between these same parties similar to the instant case was pending in the Circuit Court for Worcester County.
On June 27, 2011, this Court held a hearing on these matters, and for the reasons stated on the record at the conclusion of that hearing, this Court denied the Plaintiff’s Motion for Partial Summary Judgment, granted his Motion to Compel Enforcement of Settlement Agreement, and awarded a Final Judgment of Divorce based on the merits of the Plaintiff’s Complaint on now uncontested grounds. At that time this Court also stated that it would further explain those rulings in a written Opinion to follow. This is that Opinion.
- January 2010 - The Pension Committee... v Banc of American Securties LLC et.al.
This case is an often discussed case because it provides counsel ,parties and Judges with an analytical framework for considering eDiscovery issues. While it has obvious implications for the parties it sets forth the factors and consequences for obligations of counsel and parties in finding and keeping safe electronically stored information - ESI.The Key sections of the opinion -
AN ANALYTICAL FRAMEWORK AND APPLICABLE LAW
Defining Negligence, Gross Negligence, and Willfulness in the Discovery Context
The Duty to Preserve and Spoliation
Burdens of Proof
THE SPECIFICS OF THE CASE