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Turner v. Young

United States District Court for the District of Kansas
205 F.R.D. 592 (2002)


Facts

In compliance with a scheduling order entered by the court, Tammy Turner (plaintiff) and Stanhope Express, Inc. (defendant) scheduled a mediation. Shortly before the mediation was to take place, Stanhope requested permission to have a claims handler with settlement authority participate in the mediation by phone, to which Turner objected. On the day of the mediation, Stanhope was accompanied by Scott Glow, a representative of Stanhope’s liability-insurance carrier. Per the carrier’s instructions, Glow had authority to settle Turner’s claims up to $25,000. After Turner’s counsel communicated that the mediation was being conducted to settle Turner’s personal-injury claims, but not the potential invasion-of-privacy claims Turner had yet to act upon, Glow phoned the carrier and received authorization to settle Turner’s claims up to $20,000 if the settlement did not include a release of her invasion-of-privacy claims. The mediation proceeded, and the parties reached an impasse. Turner filed a motion for sanctions against Stanhope for its failure to send a representative to the mediation who had authority to settle Turner’s claims.

Rule of Law

Issue

Holding and Reasoning (O’Hara, J.)

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