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Questions tagged [settlement]

Contracts/agreements that remove or end judicial proceedings.

5
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4answers
161 views

Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGOTIATING, for either side?

I have been told that lawyers who are "negotiating" a settlement (or similar) have quite a bit of leeway when doing so as far as not being legally held to certain things they may say or offer during ...
1
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3answers
86 views

How do I tell if a settlement offer is good enough?

Is there a formula to tell if an out-of-court settlement offer should be accepted for a civil claim, instead of taking the claim to a trial? (In economics there is something called an expected value ...
0
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1answer
31 views

Settleing a lawsuit filed in Texas bust is governed by NJ law

We are based in NJ and are in dispute file by in Texas by a licensee. The agreement states that the dispute is to be governed by NJ law. After months of court action and discovery, the plaintiff's ...
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2answers
61 views

Can a pre-court settlement include an admission of guilt?

(I do have a lawyer I'm working with in this case, however they are currently on leave for the Christmas holiday season and I am expressly permitted to ask others, even in a public forum, questions ...
0
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1answer
52 views

Is there any legal recourse in the UK if an employee leaves with sensitive company information to a third world country? [closed]

Employee x was recently fired, who subsequently took with him lists of clients and started mailing them with damaging statements about company y. Company y spends a significant sum to get a lawyer to ...
1
vote
1answer
47 views

Should I settle with a car insurer (Uber) and reimburse a medical insurer after car accident? (subrogation) [closed]

I was a passenger in an Uber ride, and there was an accident. I had medical treatment, paid with my medical insurance from work, and now they want to get a reimbursement (subrogation). This is totally ...
7
votes
2answers
160 views

Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. ...
0
votes
1answer
46 views

Can a settlement agreement include a provision that prevents the claimant from returning to the premises owned by the defendant?

So, for example, Plaintiff slips and falls at a restaurant owned by Defendant. Eventually, a settlement agreement is reached, and as part of the terms of the agreement Plaintiff has agreed that she ...
3
votes
1answer
124 views

Can a lawyer file for a divorce 14 years after finalizing the divorce in an other country?

I am a Canadian, living in California, divorced my ex-husband in 2003. According to the settlement signed in California, the family home in Canada was transferred to me. At the time of divorce his ...
0
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1answer
88 views

Can language in a settlement agreement have affect on taxes for a personal injury lawsuit?

I am located and suing in California. My lawyers filed a personal injury lawsuit/claim and sent a CCP 998, which the defendant accpected for judgment in my favor. The defense has sent over a ...
1
vote
1answer
486 views

Can someone be bound to a contract to which they are not a party?

I am reviewing a contract, to which I am a party, drawn up by the other party. There is a section that mandates the actions of an individual who is not a party to this contract; the contract does not ...
24
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2answers
10k views

How do I determine if a class action settlement offer is legitimate?

I recently received an email from Halvorson regarding the lawsuit with Talentbin that I'm entitled to a settlement. I have to submit a claim or if I want to exclude myself I also have to write a ...
3
votes
1answer
95 views

How enforceable would a non-disparagement agreement be if one party has left the country?

The 2 parties in a dispute lived in British Columbia, Canada. It was an employment discrimination case. As part of the settlement, both the employer and employee singed an mutual non-disparagement ...
1
vote
1answer
58 views

Without Prejudice section of a letter

I believe I have a good understanding of the meaning and implications of using the words "without prejudice" in a document which you may want to show in court. To date, when I have offered a ...
1
vote
3answers
117 views

Why would a plaintiff settle for less after winning a case?

In the news right now is Hulk Hogan settling with Gawker for $31 million. This is a significant drop from the original $140 million judgement. What motivations would Hogan have for accepting this ...
8
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2answers
301 views

Can a UK retailer refuse full settlement of debt by a third party?

A person who is hospitalised and unconscious receives an outstanding invoice (of small value, say less than £50) from a UK postal retailer. A friend picks up the invoice, calls the retailer, explains ...
0
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1answer
60 views

Risks of requiring payment acknowledgment when requiring release without payment

Suppose Acme Co does something which damages Bob, and Bob files suit. Acme Co’s attorney Allen approaches Bob in person, admitting that Acme is liable and offering to pay $X as well as take steps ...
2
votes
2answers
165 views

How do lawyers decide how much to settle on during lawsuits?

Please excuse my severe lack of knowledge in the world of law, as I am brand new, and am happy to edit my question should it not be correct in any fashion. This is a rather broad question. Suppose I ...
2
votes
1answer
154 views

Can you have a legally binding agreement in a “Without Prejudice” email?

I have an outstanding claim against a company. They have agreed to settle before the hearing, but, it is subject to me filing a notice of discontinuance to the court which is understandable. The ...
5
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1answer
128 views

How are emotional distress damages quantified?

In TV lawsuits, it's common for the plaintiff to request large amounts of money for emotional distress not caused by physical harm. What actual guidelines can be used in California for evaluating the ...
0
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1answer
76 views

Who gets the interest on settlement funds after award but before transfer?

When a settlement is awarded to a plaintiff do the funds gain interest? I sued a city in New Jersey. We settled in September 2015, the funds were held then transferred from the city's private attorney'...
1
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0answers
29 views

Possible to receive compensation as part of a class right after the submission deadline?

A friend and I learned that we are a members of a class moments before the deadline to submit the required forms for the settlement. That deadline was approved by a judge, and therefore I think it is ...
1
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1answer
82 views

UK-centric: how to stop a former colleague spreading informally unwelcome references?

I have a friend who took a former employer to tribunal, employer preferred to pay him early settlement compensation, signed mutual NDA not allowing any party (including employees) to disclose the ...
3
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1answer
271 views

Can my Lawyer require a second opinion

My Lawyer has been pressuring me to settle. I have finally agreed. He has now sent me a letter telling me that he will not settle until I prove that I have gotten a second opinion from another lawyer ...
0
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1answer
185 views

Where is the best place for a man to pursue a divorce?

As far as divorce law goes, in what country and/or state is the best place for a man to get a divorce? (I.e., where will he receive the most favorable terms?)
1
vote
1answer
6k views

How is a settlement agreement in a civil case approved?

While reading a very informative answer to a previous question: Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back? I came across "the court may need to ...
3
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2answers
3k views

Plaintiff didn't respond to discovery - and later settled - can I get any legal fees back?

I was sued in New Jersey on (IMHO) pretty shaky grounds. I hired a pricey lawyer ($495/hr) to try to take care of it quickly. It was clear to me that the other side didn't have any intention to go ...
5
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1answer
248 views

Can one apply to be a Hooters Girl for a free settlement?

As per discussion at Is it legal to let people search for professionals by gender?, it was mentioned that customer satisfaction and preferences alone do not justify a Bona Fide Occupational ...