Resources > Smith Wholesale Co. Inc. v. Phillip Morris USA Inc.
Smith Wholesale Co. Inc. v. Phillip Morris USA Inc.
Jim Coben
Case ordered defendant to pay plaintiffs’ mediation expenses, including mediator’s fees, as sanction for failure to mediate in good faith, where plaintiffs spent significant time preparing for, and traveling to mediation, and defendant refused to mediate after five hours but had previously failed to communicate to the court or opposing counsel that mediation was likely to be futile. Order vacated upon reconsideration, 2005 WL 2030655 (August 23, 2005) (finding that neither party acted with “complete good faith” with respect to court’s mediation order).
Video and additional information available on Mitchell Hamline Open Access.