Entries by Louise LaMothe

The anatomy of settling a civil rights case

We know the applicable law, review the District Judge’s rulings, and learn the facts. If there is bodycam footage, we get it ahead of time and review it thoroughly. In our experience, this frequently trumps all other evidence. Louise A. LaMothe U.S. Magistrate Judge (Ret.) Michael R. Wilner U.S. Magistrate Judge (Ret.) View or download […]

What if I don’t exchange my mediation brief?

Some lawyers tell me, “I don’t want to exchange briefs,” but I think that’s generally a bad idea.  Why? Because if you don’t exchange yours, you won’t get the other side’s and you do want to know what their theories are, don’t you?  Wouldn’t you be embarrassed if their brief emphasized a theory of recovery […]

Enabling Discovery

FOCUS Column By Louise LaMothe Originally published in the Los Angeles Daily Journal, April 1, 2008 Litigators have been practicing under the changed Federal Rules of Civil Procedure relating to electronically stored information in federal courts since December 2006. A body of federal case law has mushroomed, explaining how these new obligations affect litigants, and […]

Arbitration

Remote Location By Louise LaMothe Originally published in the Los Angeles Daily Journal, January 10, 2008 (PDF) One of the advantages of arbitration is its flexibility. The parties can design their own process, which may contribute to a result that is better received by the clients. Importantly, the proceeding can be flexible for receiving evidence. […]