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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 2010 Page 1 of about 88 results (0.070 seconds)

Apr 21 2010 (FN)

Perdue Vs. Kenny A.

Court : US Supreme Court

Decided on : Apr-21-2010

..... convincingly present vast amounts of factual information, who witnessed their defeat of numerous state procedural and substantive motions, and who was in a position to evaluate the ultimate mediation effort, said: 1.?the mediation effort in this case went far beyond anything that this court has seen in any previous case, 454 f. supp. 2d, at 1282; 2.? based on its ..... , in the face of this opposition, the results obtained by the plaintiffs attorneys appear to have been exceptional. the 47-page consent decree negotiated over the course of the mediation sets forth 31 specific steps that the state will take in order to address the specific deficiencies of the sort that i described above. see id., at 1289; see also ..... respondents sought injunctive and declaratory relief, as well as attorney s fees and expenses. the united states district court for the northern district of georgia eventually referred the case to mediation, where the parties entered into a consent decree, which the district court approved. the consent decree resolved all pending issues other than the fees that respondents attorneys were entitled to ..... 245, which plaintiffs attorneys opposed in thorough briefing supported by comprehensive exhibits, see docs. 254 258, 260. after losing that motion and eventually agreeing to mediation, the state forced protracted litigation as to who should be the mediator. see docs. 363 364, 366, 369 370, 373, 376, 380. all told, in opposing the plaintiffs efforts to have the foster-care system .....

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Jun 24 2010 (FN)

Granite Rock Co. Vs. Teamsters

Court : US Supreme Court

Decided on : Jun-24-2010

..... foreclose such a reading by describing that section s arbitration requirement as applicable to labor disagreements that are addressed in the cba and are subject to its requirement of mandatory mediation. the ninth circuit s contrary conclusion finds no support in 20 s text. that court s only effort to grapple with that text misses the point by focusing on whether ..... foreclose such a reading by describing that section s arbitration requirement as applicable to labor disagreements that are addressed in the cba and are subject to its requirement of mandatory mediation. see app. 434 437 (requiring arbitration of disputes arising under the cba, but only after the union and employer have exhausted mandatory ..... mediation, and limiting any arbitration decision under this provision to those within the scope and terms of this agreement and specifically limited to the matter submitted ). the court of appeals contrary .....

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Jun 24 2010 (FN)

Free Enterprise Fund Vs. Public Company Accounting Oversight Bd.

Court : US Supreme Court

Decided on : Jun-24-2010

..... ) (2009) general counsel chemical safety and hazard investigation board (1) office general position reserved position office of the general counsel 40 cfr 1600.2 (b)(3) (2009) general counsel national mediation board (1) office general position reserved position office of the general counsel 29 cfr 1209.06(e) (2009) general counsel commission on civil rights (1) office general position reserved position ..... be removed by the president, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. 29 u. s. c. 153(a) 13 national mediation board a member of the board may be removed by the president for inefficiency, neglect of duty, malfeasance in office, or ineligibility, but for no other cause. 45 u. s ..... energy regulatory commission and the federal trade commission, as well as the general counsels of the chemical safety board, the federal mine safety and health review commission, and the national mediation board. this list is a conservative estimate because it consists only of career appointees in the senior executive service (ses), see 5 u. s. c. 2101a, 3132(a)(2), a .....

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Feb 23 2010 (FN)

Reed Elsevier, Inc. Vs. Muchnick

Court : US Supreme Court

Decided on : Feb-23-2010

..... had registered their copyrighted works and authors who had not. see app. 94. because of the growing size and complexity of the lawsuit, the district court referred the parties to mediation. for more than three years, the freelance authors, the publishers (and their insurers), and the electronic databases (and their insurers) negotiated. finally, in march 2005, they reached a settlement agreement .....

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Jun 17 2010 (FN)

Holder Vs. Humanitarian Law Project

Court : US Supreme Court

Decided on : Jun-17-2010

..... 380 f. supp. 2d, at 1136. with respect to the other plaintiffs, those activities are: (1) train[ing] members of [the] ltte to present claims for tsunami-related aid to mediators and international bodies ; (2) offer[ing] their legal expertise in negotiating peace agreements between the ltte and the sri lankan government ; and (3) engag[ing] in political advocacy on behalf ..... 10 11, 16 17, n. 10; app. 58 59, 80 81. indeed, earlier in this litigation, plaintiffs sought to teach the ltte to present claims for tsunami-related aid to mediators and international bodies, 552 f. 3d, at 921, n. 1, which naturally included monetary relief. money is fungible, supra , at 26, and congress logically concluded that money a terrorist group .....

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Jan 21 2010 (FN)

Citizens United Vs. Federal Election Comm'n

Court : US Supreme Court

Decided on : Jan-21-2010

..... wheat. 518, 636 (1819) (marshall, c. j.), a nexus of explicit and implicit contracts, see, e.g., f. easterbrook & d. fischel, the economic structure of corporate law 12 (1991), a mediated hierarchy of stakeholders, see, e.g., blair & stout, a team production theory of corporate law, 85 va. l. rev. 247 (1999) (hereinafter blair & stout), or any other recognized model. austin .....

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May 03 2010 (FN)

Abbott Vs. Abbott

Court : US Supreme Court

Decided on : May-03-2010

..... , 366 (2009) ( [a] recent study of child custody outcomes in north carolina indicated that almost 70% of all custody resolutions included joint legal custody, as did over 90% of all mediated custody agreements ); e. maccoby & r. mnookin, dividing the child: social and legal dilemmas of custody 107 (1992) ( [f]or 79% of our entire sample, the [california] divorce decree provided for .....

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Jun 01 2010 (FN)

LevIn Vs. Commerce Energy, Inc.

Court : US Supreme Court

Decided on : Jun-01-2010

..... u. s. 517 , 540 541 (1933). footnote 7 state courts also have greater leeway to avoid constitutional holdings by adopting narrowing constructions that might obviate the constitutional problem and intelligently mediate federal constitutional concerns and state interests. moore v. sims , 442 u. s. 415 , 429 430 (1979). footnote 8 any substantial federal question, of course, could be reviewed when the case .....

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Feb 08 2010 (SC)

Santosh Vs. Jagat Ram and anr.

Court : Supreme Court of India

Decided on : Feb-08-2010

Reported in : JT2010(2)SC253; 2010(2)SCALE218

v.s. sirpurkar, j.1. this is an appeal by a helpless widow, who has become a prey of the greed of her own elder brother in law and is deprived of her properties in a fraudulent manner. as per the pleadings, smt. santosh (appellant herein), the original plaintiff, lost her husband chander pal in the year 1985. she is issueless. chander pal, at the time of his death, owned a land to the extent of 36 kanals 7 marlas out of the total land measuring 80 kanals 1 marla comprised in khewat no. 64 khatoni no. 96 and 97 as per jamabandi for the year 1975-76 situated at village kotia, tehsil and district mahendragarh. after losing her husband in the prime of youth, she had nobody to look forward to. respondents are the sons of one daya ram, who was the real brother of chander pal. appellant was approached by daya ram (dw-4), who convinced her to accompany him to courts of mahendragarh, so that the mutation of the properties inherited by her from her husband could be made and the properties could be recorded in her name. believing him, she accompanied him to mahendragarh, where her thumb impressions were obtained on 3-4 papers. she was also asked to say 'yes' if she was asked any question by the authorities. she believed in good faith that the mutation will be done and the properties would be recorded in her name. all this happened on 26.3.1985. about two and half months, before filing of second suit the respondents (original defendants) and her brother in law daya ram (dw-4) started .....

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Jul 26 2010 (SC)

M/S. Afcons InfrA. Ltd. and anr. Vs. M/S Cherian Varkey Constn ...

Court : Supreme Court of India

Decided on : Jul-26-2010

..... under section 89?20. section 89 refers to five types of adr procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non adjudicatory) processes - conciliation, mediation, judicial settlement and lok adalat settlement. the object of section 89 of the code is that settlement should be attempted by adopting an appropriate adr process before the case proceeds ..... that it is the parties' own responsibility for making decisions which affect them."all over the country the courts have been referring cases under section 89 to mediation by assuming and understanding `mediation' to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. judicial settlement is understood as referring to a compromise ..... those words in section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. the mix-up of definitions of the terms "judicial settlement" and "mediation" in section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in clauses (c) and (d) of section ..... court may reformulate the terms of a possible settlement and refer the same for -(a) arbitration;(b) conciliation;(c) judicial settlement including settlement through lok adalat; or (d) mediation.(2) where a dispute has been referred -(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....

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