Monday, March 23, 2015

Texas: Published advertisement isn’t sanctionable for violating ADR statute

Originally published by Gene Roberts.


In The Orchards on the Brazos, LLC v. Stinson, the Fort Worth Court of Appeals was asked to decide whether an advertisement placed in a local newspaper that outlined a settlement offer violated the Texas ADR statute.

According to the court’s opinion, after mediation and a trial, one of the parties took out an ad in a local newspaper that included statements about the settlement negotiations, including language that “At one point we turned down an offer of 100k from the developer.” The other party filed a motion for sanctions, arguing that the settlement offer was a confidential communication defined by the Texas ADR statute. The trial court agreed to sanctions and awarded $5,000.00.

The advertisement was not made during mediation nor in the presence of a third-party facilitator. According to the Court of Appeals, the advertisement was not subject to the confidentiality requirements of the Texas ADR statute, and, accordingly, wasn’t sanctionable.

H/T to Ronnie Hornberger for informing us of this opinion. …


Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.






from Texas Bar Today http://ift.tt/1IlPdoN

via Abogado Aly Website

No comments:

Post a Comment