Civ Pro 2 Notes 11/12/04

Confidentiality in settlements

Let’s say there is a plaintiff who is suing for unlawful discharge. The plaintiff is concerned about how long the case will take. She doesn’t 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.

Wasn’t paying too much attention.

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