Preparing cases for settlement.

“The most important factor when considering a strategy with which to approach any mediation is to create a level of risk your opponent can appreciate. Risk, which may take many forms, is the likelihood that a court or jury will rule in your favor and what the cost will be to the opponent. In a simple personal injury action, for example, it could be the risk of a high verdict. In a contract case, the risk may be the likelihood—expressed as a percentage—that the court or jury will rule in your favor.” (read article…)

Lender cannot use ratification to cure lack of standing

In a decision that expands the scope of Wells Fargo Bank, N.A. v. Byrd, the First District Court of Appeals decided that ratification, joinder, and substitution, under Civil Rule 17,  are only appropriate when determination of the proper party to sue is difficult or when an understandable mistake has been made. Bank of N.Y. v. Gindele, 2010 Ohio 542.