Resources > Brooks v. Lincoln National Life Ins. Co.
Brooks v. Lincoln National Life Ins. Co.
Jim Coben
Video features a case where an award of sanctions against plaintiff’s counsel for violating obligation in mediation order to negotiate with objective good faith was affirmed when the counsel (1) indicated plaintiff would not respond to the defendants’ initial offer and directed the mediator to tell defendants they had five minutes to put a serious settlement offer on the table or plaintiff was leaving; 2) indicated 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 terminated or abandoned the mediation process.
Video and additional information available on Mitchell Hamline Open Access.