Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM First Dept. Rules Nonparty Rep's 'Egregious' Mediation Behavior Not Enough to Warrant Dismissal
The appeals court said it was "readily apparent" a judge had tossed out the lawsuit based on a mediator documenting "egregious" behavior by plaintiff's nonparty representative, but that "plaintiff was never apprised of any ADR rule" that she'd purportedly broken, and she wasn't "given any opportunity to refute or otherwise respond to the allegations in the mediator's email."
March 31, 2023 at 03:21 PM
5 minute read
In overturning a lawsuit's dismissal, a state appeals court said Thursday that it was "readily apparent" a judge had tossed out the suit based on a mediator documenting "egregious" behavior by the plaintiff's nonparty representative, but that the "plaintiff was never apprised of any ADR rule" she'd purportedly broken.
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