By Hon. Gary Nadler (Ret.) and Hon. Louise LaMothe (Ret.) Arbitration is a much more economical and expedient way to resolve issues than litigation. As for discovery in arbitration, there can be anything from no prehearing discovery to the full range of discovery options. It all depends upon the arbitration agreement between the parties. […]
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 […]
Louise LaMothe prepared for eight years before leaving her practice to become a full-time arbitrator and mediator. Daily Journal Profile July 13, 2012
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 […]
Some lawyers think that mediation is worthwhile only if they can get to settlement, but not all cases are like that. Even if it’s early, if the other side proposes it, you can gain from mediation like this: Figure out what you want to get from the other side, and ask for that as a […]
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 […]
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. […]
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