by Marvin Schuldiner | Dec 5, 2023 | Commercial Mediation, Lawsuits
Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own...
by Marvin Schuldiner | Feb 10, 2020 | Commercial Mediation, Labor and Employment
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for administering several federal laws regarding discrimination complaints in the workplace. The EEOC tries to mediate as many cases as possible, as roughly 70% of mediated cases settle. I mediate...
by Marvin Schuldiner | Apr 7, 2017 | Commercial Mediation, Lawsuits
Last year, I wrote about Hively v. Ivy Tech Community College, a sexual orientation discrimination case decided by the 7th Circuit Court of Appeals, where the court ruled that the sex provisions under Title VII of the Civil Right Act of 1964 do not protect against...
by Marvin Schuldiner | Aug 1, 2016 | Arbitration, Commercial Mediation
Update (4/7/2017): The 7th Circuit issues an 8-3 en banc decision reversing the district court ruling dismissing the case. ……. I’ve written previously about the Equal Employment Opportunity Commission’s (EEOC) attempts to expand existing...
by Marvin Schuldiner | Jun 29, 2016 | Commercial Mediation
In March, I reported that the EEOC brought its first sexual orientation discrimination cases under Title VII’s prohibition on workplace discrimination based upon sex of the employee. A press release from the EEOC states that one of the case, the one in...
