Choice Of Law/Confidentiality: Ninth Circuit Holds Federal Law Of Privilege Applies To Mediation When Federal Law Law Issues Are Involved At The Time Of The Mediation But Not Afterwards

  Panel Majority Ties Mediation Privilege To Parties’ Expectations At The Time Of The Mediation, Not To Later Time When Federal Claims Were Dismissed.      Timing can be everything.      Where there are federal question claims and pendent state law claims present, the federal law of privilege applies.  Agster v. Maricopa County, 422 F.3d 836, […]