Quimbee logo
DMCA.com Protection Status

Wagshal v. Foster

28 F.3d 1249 (1994)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Wagshal v. Foster

United States Court of Appeals for the District of Columbia Circuit

28 F.3d 1249 (1994)

Facts

Jerome S. Wagshal (plaintiff) sued Charles E. Sheetz in federal district court. The court referred the case for mandatory, nonbinding arbitration and appointed Mark W. Foster (defendant) to serve as mediator. After the parties’ first mediation session, Wagshal questioned Foster’s neutrality, prompting Foster to establish a deadline for Wagshal to formally object to Foster’s appointment as mediator or to waive his objection. Wagshal ignored the deadline and instead equivocated as to whether he would pursue a formal objection. This prompted Foster to recuse himself from the matter. In his letter informing the judge of his recusal, Foster summarized his efforts in the case and recommended that dispute resolution continue. He emphasized his belief that the matter could be settled if the parties acted reasonably, and he recommended that the court order Wagshal to engage in a good-faith attempt at mediation. The judge later held a hearing with all parties present and excused Foster. Wagshal made no objections, nor did he request that the judge also recuse himself from the matter. A new mediator was appointed, and the case settled. Wagshal sued Foster, arguing that Foster’s conduct during mediation had forced him to settle the case for less than he was entitled to. The district court dismissed Wagshal’s claim, reasoning that Foster was protected by absolute immunity.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership