Civ Pro 2 Notes 11/12/04


Confidentiality in settlements


Letís say there is a plaintiff who is suing for unlawful discharge.The plaintiff is concerned about how long the case will take.She doesnít want to wait a long time.She is also concerned about having her rights be redressed.We can craft a confidentiality agreement that will work.


Kalinauskas v. Wong


This is a suit against Caesars Palace for sexual discrimination.They take a deposition of a Ms. Thomas.At the time of the case, there was a settlement and settlement agreement between Ms. Thomas and Caesars Palace.There is a confidentiality agreement in the settlement agreement.This case punctuates confidentiality agreements.If they come into conflict with other, broader principles, then even a duly bargained for confidentiality agreement might give way.


What about ADR?When there is negotiation, the parties themselves come to resolution.When there is mediation, negotiation is assisted by a third party.There can be arbitration, which is unofficial adjudication.There can also be early neutral evaluation.


Wasnít paying too much attention.


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