3M CEO Required at Mediation

A Florida federal judge has ordered 3M CEO Michael Roman to attend mediation to resolve some 260,000 lawsuits alleging its military earplugs caused hearing loss. The judge wants the executive present so that he may "listen and engage directly with the mediators." Reportedly, mediation so far has been "encouraging," but requires 3M senior leadership to push ahead per the judge's order. Attendance of the CEO will ensure that 3M's board will have "firsthand knowledge of the current state of the negotiations" when evaluating any settlement offer. The lawsuits brought by veterans and members of the military allege that 3M's combat arms earplugs were defective. The company utilized bankruptcy of its subsidiary Aearo Technologies LLC, which manufactured the earplugs to try resolving the cases. 3M had opposed efforts to renew global mediation efforts in Florida federal court while Aearo's bankruptcy case is pending. 3M states it continues to believe that Aearo's bankruptcy provides a better option for resolving the earplug claims "more quickly, with more certainty and with more balanced recoveries among claimants." Aearo's bankruptcy strategy has been fiercely opposed by plaintiffs, who said that 3M was merely trying to escape litigation in Florida, following a series of unfavorable legal rulings and trial losses. See story here-- https://money.usnews.com/investing/news/articles/2023-05-22/3m-ceo-must-attend-mediation-in-earplug-litigation-judge-rules

MLK Mediation

Martin Luther King, Jr.’s heirs are reportedly closer to a settlement in a lawsuit over the ownership of his 1964 Nobel Peace Prize and his famed traveling bible. In Atlanta, a Fulton County Superior Court judge agreed to a mediation timeframe today-- to be completed before this fall-- during a brief hearing with attorneys from both sides. Earlier this year, the judge granted a stay in the case so that the King's daughter could negotiate a deal with her brothers. According to news reports, her attorney said, "...we feel like we have gotten the parties as far as we can get, which is substantial. With a third party-neutral, we can close the gap." Brothers Martin Luther King III and Dexter Scott King are suing sister Bernice King over the ownership of the fifty-year-old Nobel Prize and King Bible, apparently used and signed by President Obama during his second inauguration. Bernice King believes the items are sacred and should remain with the family. Her brothers want to sell them. King’s estate is controlled by his sons who already sought an order for their sister to surrender the items which are in her possession. In a board of directors meeting last year, they voted 2-1 against Bernice King to sell the two valuable artifacts to a private buyer. Martin Luther King, Jr. was assassinated in 1968. His widow, Coretta Scott King, died in 2006. Yolanda King, the eldest King child, died in 2007. Originally, the case was set to go to trial last February. Sibling rivalries are among the toughest challenges for a mediator to solve. There are times when celebrity adult children can navigate their own conflict, but other times require a process affording for the airing of grievances in a non-public forum, such as mediation. See full stories here-- http://on-ajc.com/1LIkt2o and http://bit.ly/1ExGVpg

Blackbeard Shipwreck Mediation

Nearly 300 years after Blackbeard the Pirate was shipwrecked off the North Carolina coast, a treasure-hunting company is battling that state over "treasure" linked to his vessel. The claims really involve some $14 million in disputed lost revenue and contract violations. Intersal Inc. of Florida, which originally discovered the wreck, filed a petition last month against North Carolina's Department of Cultural Resources. It claims breach of contract in the state's displaying images of artifacts from the flagship Queen Anne's Revenge on websites without a time code stamp or watermark. North Carolina actually owns the ship's contents and has created a tourist industry since its initial discovery in 1996. The legal dispute is pending with the Office of Administrative Hearing and is being sent to mediation next month to avoid a hearing before an administrative law judge. While North Carolina denies the allegations, saying they have no merit, Intersal has issues with rights related to filming the wreck's recovery, as well as study and reproduction of its artifacts. Intersal says the state continues to violate the terms of a 2013 renewal of a 1998 agreement for exclusive media rights, by improperly publishing or improperly permitting the publication of photos and video of the wreck and treasures. Reportedly, wrecks in state waters, such as Blackbeard's ship, belong to a state, even if they are undiscovered. Blackbeard was a notorious sea robber who plagued the shipping lanes of North America and the Caribbean. His ship ran aground in the early 1700s and its remains lie in shallow water about a mile offshore North Carolina. Researchers have been excavating it since the late 1990s and have recovered anchors, cannons and other items. Normally, companies that find such wrecks split any treasures found. In this case, researchers believe that most valuables on board Queen Anne's Revenge were removed before the ship went under which is why a media deal was made. See news stories here-- http://bit.ly/1IjnjLu and http://bit.ly/1Rfsro4 and the educational website-- http://www.qaronline.org/History/TheShipwreck.aspx

Mork Mediation: Robin Williams Estate

The widow of Robin Williams and his adult children will try and settle their dispute over the late actor’s estate this month in a court-ordered mediation. Susan Schneider Williams petitioned the court, saying his three children are claiming memorabilia that was left to her. She also claimed some of her husband’s belongings were taken from their marital home without permission. Reportedly, a bitter fight over property of the late comedian may ultimately be decided by his trustees. It has been asserted in court documents that his trust is clear and unambiguous about authority to determine the disposition of the tangible personal property. Attorneys said the entire battle for the legendary comedian’s estate should have been kept private because Robin Williams was an intensely private person who had carefully constructed his estate plan to keep it out of public view. One of the issues is establishing a date to transfer possession of items to the late actor’s wife and children after trustees received input regarding the dispersal of his property. An inventory of the personal property identified almost a thousand items. Williams’s will entitles his children to clothing, jewelry, personal photos taken prior to his latest marriage to Schneider, as well as awards, memorabilia and tangible personal property from his home. In the months after their father’s death, the children claim their stepmother spent her time appraising his memorabilia, jewelry and other personal effects for her benefit. One of the items referenced are the iconic suspenders worn on the “Mork & Mindy” show. Perhaps mediation will solve the ugly dispute between kin without a "Nanu Nanu" to the judge. See stories here-- http://lat.ms/1ytwnWU and http://ti.me/1HhvXrv

Mediator Appointed in ACC Case

The possibility of a settlement in the lawsuit between the University of Maryland and the Atlantic Coast Conference will be discussed before a mediator appointed by the Chief Special Superior Court Judge for complex business cases in North Carolina. According to that court’s rules, the mediation is designed to focus the parties’ attention on settlement rather than on trial preparation and to provide a structured opportunity for settlement negotiations to take place. Though reportedly, no meeting date has been finalized yet, an order mandates it must happen before July 10, just days after Maryland officially migrates from the ACC to the Big Ten. The move, announced in the fall of 2012, prompted the ACC to file suit against its charter member school, seeking enforcement of a withdrawal payment worth over $50 million. This year, Maryland counterclaimed, alleging antitrust violations by the ACC in excess of $150 million, stating the ACC violated its own bylaws when attempting to double the exit fee. Louisville is to replace the Terrapins in the ACC. See news stories here-- http://wapo.st/1iwNrld and http://es.pn/1nKtSxH

Diamonds are Forever; What's in a slogan?

U.S. District Court Judge John Adams of Ohio ordered Sterling Jewelers Inc. and Zale Corporation into mediation in a diamond advertising lawsuit. Sterling, a unit of Signet, sued Zale last fall, alleging Zale's advertisements for the Celebration Fire diamond as "the most brilliant diamond in the world" were false and misleading. Sterling, based in Akron, said its tests found that its own diamonds are as glittery as those sold in Zales. In the lawsuit, Sterling demanded that Zale's advertisements be pulled. However, multimillion-dollar ads remained in place throughout the winter holiday shopping season and the court denied Sterling's request to pull them. At a preliminary injunction hearing earlier this year, the judge said that Sterling had not shown that it would suffer financially, even if it could prove that Zale's boast of the most brilliant polished diamond in the world was false. In accordance with the referral to mediate, both parties have until April 10th to review, confer and appoint court approved federal mediators and must come to agreement by May 2nd. Sometimes a mediation following a TRO, which is like a mini-trial, is more productive, as the parties have seen a preview of the court's reaction to claims and defenses and are ready for a self-determined solution. See stories here-- http://bit.ly/13QA3b1 and http://bit.ly/11WJgJP and http://on.wsj.com/11VSx7J

Martha Stewart Mediation

After weeks of testimony, in an unusual move, the judge presiding over trial in lawsuits that Macy’s brought against J. C. Penney and Martha Stewart Living Omnimedia sent the parties to mediation. If the companies do not reach an agreement before April 8, Justice Jeffrey K. Oing of New York State Supreme Court will continue hearing the case. Representatives for the companies said they would participate in the mediation process. Macy’s had a contract with Martha Stewart for exclusive rights to bedding, bath and kitchen ware. However, in 2011, Penney's made a multimillion dollar investment in Stewart's company and announced it would be selling those products, as well. Penney's and Stewart’s company claim they have not violated the Macy’s contract because the Penney products would be sold in a store within a store. Interestingly, this will be the first mediation for the companies. Before the trial, a preliminary injunction was won by Macy's and it remains to be seen if the court will broaden the injunction, which would stop Penney's from selling Stewart's products in contested categories until the case is decided. Penney's said it won't sell any products that are deemed exclusive by Macy's before mediation concludes. Stewart reportedly said that in advance of the mediation order she and Macy’s chief executive had a productive conversation regarding the ongoing contract dispute and that she views mediation as a positive step forward and welcomes a prompt and fair resolution. See stories here: http://nyti.ms/ZxE6lx and http://nbcnews.to/WaDAep

Chinese iPad? Confucius say: Mediate

Apple's newest iPad is still unavailable in China. Apparently, the Higher People’s Court of Guangzhou began hearing an appeal by Apple following a Chinese lower court's ruling in favor of a Chinese tech company, Proview, that claims ownership of the trademark in China. The court’s foreign affairs office states the court will withhold judgment as long as both parties continue talking. Proview’s lawyer confirms mediation will continue, though a “big gap” remains between the two sides, according to reports. Proview seeks up to $1.5 billion. Revenue from China accounts for almost twenty percent of Apple’s total. In China, mediation is a way of life and litigation is seen as a last resort, embarrassing to honor and the community. Harmony, professed by Confucius to be valuable in governance and social order, is a principle to which Chinese culture adheres. Mediation by a third party has a long history dating back as early three thousand years ago, during the Xi Zhou Dynasty. Perhaps this tradition will help resolve a modern technology dispute involving one of the world's most coveted gadgets. See more information at http://zd.net/LbQLrz and http://bit.ly/KHDsLw UPDATE: 7/2/12 - Apple pays $60 million to settle iPad trademark dispute in Chinese high court-mediated deal See story http://yhoo.it/OTBT1R