Smith Wholesale Co., Inc. v. Philip Morris USA, Inc., No. 2:03-CV-221, 2005 WL 1230436 (E.D. Tenn. May 24, 2005)

James Coben, Hamline University

Play time: 3:27 minutes

Ordering defendant to pay plaintiffs' mediation expenses, including mediator's fees, as sanction for failure to mediate in good faith, where plaintiffs spent significant time preparing for, and traveling to mediation, and defendant refused to mediate after five hours but had previously failed to communicate to the court or opposing counsel that mediation was likely to be futile. Order vacated upon reconsideration, 2005 WL 2030655 (August 23, 2005) (finding that neither party acted with "complete good faith" with respect to court's mediation order).

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