Find Mediators Near You:

Martha Stewart Living Ordered to Mediate Dispute With Macy’s and J.C. Penney

Disputing Blog by Karl Bayer, Victoria VanBuren, Beth Graham, and Holly Hayes

Mediation is in the news again. Last week, a New York judge ordered a dispute between Macy’s, Inc., J.C. Penney Co., and Martha Stewart Living to mediation. The lawsuit itself reportedly arose after New York-based Martha Stewart Living signed a contract with Plano-based J.C. Penney to open a Martha Stewart mini shop in many of the retailer’s stores. In a separate case filed three months later, Cincinnati-based Macy’s sued J.C. Penney for interfering with the company’s contract with Martha Stewart Living. The two cases were later consolidated for a bench trial in New York State Supreme Court (Manhattan).

During the third week of trial, a dispute purportedly arose over whether Macy’s has the exclusive right to sell certain Martha Stewart Living items. Macy’s has reportedly sold Martha Stewart branded items in its stores since 2007. In December 2011, J.C. Penney acquired a 17 percent stake in the home merchandise brand. As a result of the disagreement and failing communication between the parties, Judge Jeffrey Oing ordered the three companies to engage in mediation before April 8th. J.C. Penney has also agreed to refrain from selling Martha Stewart Living merchandise until that date.

Stay tuned to Disputing for future updates about this case.


Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Mediators

View all

Read these next


Mediating Technology Cases: Ten Tips For Successful Lawyer Advocacy

Mediation Comes to Michigan-Something Else to Learn! Just when you thought, "Finally, after all of these years of practicing law I can actually start being a lawyer," the powers that...

By Steven Schwartz

Toward Better Client Service: A Few Questions For Outside Counsel

From John DeGroote's Settlement PerspectivesIn a world of alternative fees, law firm convergence, the ACC Value Challenge and more, what does the client really want? Is it lower fees, predictable...

By John DeGroote

Van Winkle: An Unintended Consequence of Zoom Mediations

Originally published in The Indiana Lawyer. Abstract: The suspension of the in-person attendance requirement for mediations has resulted in remote mediations becoming the norm. Many parties and attorneys have expressed...

By John R. Van Winkle