Courts across the country continue to conduct Daubert or Frye hearings in asbestos cases to decide whether to allow an expert witness to opine that “each and every” inhaled fiber is a substantial contributor to plaintiff’s illness.
It may be that future stories will not turn on information presently available but rather on future hacker revelations. Sony is in the position of making meritless demands as to future publication, if future publication is premised on future revelations, and appearing to be on the wrong side of the Pentagon Papers case. It is possible that a direct appeal by Sony to the media on this central issue based solely on journalist ethics would at least secure public sympathy.
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools available to them, including negotiation, mediation, arbitration and litigation. There are other devices, however, that merit consideration at any stage of a dispute.
The tribes "MAY," not "can," "PROPOSE," not "enact," legal marijuana on reservations functionally immune from prosecution, but no tribe has received an "OK" to grow and sell pot and such approval is not going to be given any time soon. The tribes may propose, but the Justice Department disposes.
A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled mediator is able to keep negotiations moving even when the parties are prepared to give up.
"And, if and when Peruta is heard en banc, a mandatory member of this panel will be the new Chief Judge of the Ninth Circuit, Sidney R. Thomas. He was the dissenter in the original Peruta opinion and the subsequent decision denying the AG's and Brady Campaign's motions to intervene and is certain to have influence on any future en banc rewriting of Peruta."