Smith Wholesale Co., Inc. v. Philip Morris USA, Inc., No. 2:03-CV-221, 2005 WL 1230436 (E.D. Tenn. May 24, 2005) (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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Lawson v. Brown's Home Day Care Center, Inc., No. 2003-112, 2004 WL 1586888 (Vt. July 8, 2004) (affirming award of $2,000 in sanctions against attorney for repeatedly and in bad faith filing confidential mediation documents in support of attempt to disqualify opposing counsel for alleged obstruction of justice, subornation of perjury, and presentation of false evidence).
Irwin Seating Co. v. Int'l Bus. Mach. Corp., No. 1:04CV568, 2006 WL 3446584 (W.D. Mich. Nov. 29, 2006) (striking expert witnesses and awarding costs and attorneys' fees where the party violated mediation confidentiality by showing trial experts confidential mediation statements and exhibits obtained from the adverse party during mediation), order aff'd by No. 1:04-CV-568,2007 WL 518866 (W.D. Mich. Feb. 15, 2007).
In re Fletcher, 424 F.3d 783 (8th Cir. 2005) (affirming suspension of attorney from practice for three years for a pattern of demeaning and abusive behavior while participating in depositions and mediation, including the use of profanity in one mediation and the threat in another to publicize confidential information that his client had illicitly photocopied).
Brooks v. Lincoln National Life Ins. Co., No. 8:05CV118, 2006 WL 2487937 (D. Neb. Aug. 25, 2006) (affirming award of sanctions against plaintiff's counsel for violating obligation in mediation order to negotiate with objective good faith by: (1) indicating plaintiff would not respond to the defendants' initial offer and directing the mediator to tell defendants they had five minutes to put a serious settlement offer on the table or plaintiff was leaving; 2) indicating defendants' second offer or proposal was unacceptable and unworthy of response, (3) not allowing the mediator to explain the defendants' offers, (4) not engaging in dialogue with defendants' counsel to correct what Brooks's counsel perceived as deficiencies in the mediation process, and (5) unilaterally terminating or abandoning the mediation process).
Allapattah Serv., Inc. v. Exxon Corp., 454 F.Supp.2d 1185 (S.D. Fla. 2006) (justifying an incentive award to class representatives in an action against Exxon, in part because Exxon counsel during mediation "[d]irect[ed] his words directly to the named Plaintiffs and their spouses, [told] them that when Exxon won the case, it was going to obtain cost judgments against them personally and financially ruin each and every one of them").
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