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Questions tagged [settlement]

Contracts/agreements that remove or end judicial proceedings.

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Redundancy due to Organisational Restructure

Bob has been made redundant today due to "Organisational Restructure" process and let go immediatelly. He has been there for 18 months and the notice period was 1 month. The company offers ...
BentCoder's user avatar
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4 votes
2 answers
889 views

What are the similarities and differences between civil settlements and criminal plea deals?

Except for the type of cases in which they are used, settlements and plea deals seem quite similar. In both cases, the two parties reach an agreement, and they avoid the cost and inconvenience of a ...
Someone's user avatar
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Does redundant first party consideration nullify a contract?

Alice is saddled by many tens of thousands of debt to her bank. She is mostly overwhelmed by this and scarcely makes any effort to repay it for a decade, it being hardly within her ability to anyway. ...
TylerDurden's user avatar
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1 answer
122 views

Would Jewish settlements on Palestinian territory be illegal if the settlers were Palestinian and they didn’t encroach on any already settled lands?

I’m trying to understand whether the individual settlers themselves are violating any laws (presumably Palestinian ones), and if so, which ones and how. Is it illegal under Palestinian law to enclose ...
TylerDurden's user avatar
8 votes
4 answers
4k views

In what way are Jewish settlements illegal?

I don’t really know what they refer to on the ground, only that they are spoken of very controversially and often called illegal. But my understanding is basically that Zionist Jews who believe that ...
TylerDurden's user avatar
1 vote
1 answer
107 views

What happens to illegally produced copies when the producer settles?

Say I download a copyright-protected album, and, without licence, make it available for download on a peer to peer network, distributing it to 10,000 of my closest friends. Then I get a letter from a ...
interfect's user avatar
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12 votes
2 answers
197 views

What is the purpose of a settlement agreement including a clause that it was signed, "voluntarily and without any duress whatsoever?"

If a settlement agreement includes a clause that it was signed, "voluntarily and without any duress whatsoever": If a person signing the settlement agreement done so voluntarily and without ...
Eliott's user avatar
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1 answer
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Received an unexpected check for a "settlement" - should I cash it?

I received a check in the mail for about $1000. It's from "Huntington National Bank", and the issuer is "Saylor v. RealPage Inc. c/o Settlement Administrator". I've never heard ...
Ken - Enough about Monica's user avatar
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1 answer
37 views

Legality of promising to refrain from tipping another off?

X discovers that he has a valuable cause of action against Z, and decides to use it as leverage against Z, but it isn't quite enough leverage to counter Z in the way X would like. However, he realises ...
TylerDurden's user avatar
3 votes
3 answers
628 views

Is it always a good idea to instruct opposing lawyers to speak directly?

It is a common practice that opposing parties communicate via their lawyers rather than the parties communicating directly to each other. Besides saving the parties' time, what are the benefits and ...
Mingze's user avatar
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What's the difference between a full and final settlement and either merely a full or merely a final settlement?

Perhaps the phrase was designed to mitigate caveats of either one or another... What would these have been? And secondly, realistically, would a court ever uphold the difference between a settlement ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
158 views

Can white collar crime cases be settled out of court?

I'm a victim of wire fraud (email fraud). A company successfully obtained some confidential information from me using social engineering methods. The company now aware that I have a strong evidences ...
Anon User's user avatar
1 vote
1 answer
85 views

Can a court allow a party to breach a settlement where that party agreed to release claims of other parties relating to that subject matter?

Virginia Giuffre has sued Prince Andrew, alleging a variety of offenses against her stemming from Prince Andrew's involvement in Jeffrey Epstein's alleged sex-trafficking operation. Prince Andrew is ...
Yetoo's user avatar
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1 vote
3 answers
110 views

If a dispute arise between two parties, and a third party volunteers to mediate, are any agreements made to the mediator binding on the two parties?

For example Bob hires Fred to do a job. Bob does not believe Fred fulfilled his duty and refuses to pay. If Fred asks a friend of Bob to talk to Bob about it, and Fred agrees (to the mutual friend) to ...
dutyanalysing's user avatar
-1 votes
1 answer
50 views

Arbitration and GDPR

Arbitration allow a both parties to settle the dispute outside the court where the arbitrator would decide the law to b e applied to the dispute?. However, arbitration will not exempt their ...
snowball's user avatar
0 votes
1 answer
132 views

What chance could Donoghue prove Stevenson's negligence? Why did Stevenson's estate settle with Donoghue for £200 in 1933?

Donoghue's case doesn't overcome the standard of proof in civil cases, the balance of probabilities. As Canada and English law Prof. Hutchinson explained below, Donoghue never proved the facts of her ...
user avatar
-1 votes
1 answer
49 views

Is there any case law that sets the minimum amount in controversy to the minimum amount permissible to settle in class actions? [closed]

There, of course, are such a compensatory-to-punitive damages ratio principle — even if merely in the form of fairly complex guideposts for e.g. the BMW guidepost, the just less-less-than-10x of ...
kisspuska's user avatar
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1 vote
1 answer
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How is a US state court's jurisdiction over a case dismissed without prejudice impacted within the context of a private settlement agreement?

Context: The text in quotes below is an excerpt from a hypothetical Private Settlement agreement between a Defendant (debtor) and Plaintiff (original creditor) in a state district court (United States)...
lm1782910's user avatar
0 votes
3 answers
78 views

Is a settlement agreement enforceable if it has only MONTH and DAY (but no YEAR) for the down-payment due date?

Let's say there is a settlement agreement states that Party A (Plaintiff) will agree to settle the debt if Party B (Defendant) makes down payment by a certain MONTH and DAY--with the rest of the debt ...
lm1782910's user avatar
1 vote
2 answers
396 views

Does any other country, besides the US, employ something substantially different from the ‘loser pays’ system?

Although many of the jurisdictions that do employ the ‘loser pays’ system only do so up to certain limits, usually of modest amounts, nonetheless all the places I am familiar with have the expectation ...
M. Y. Zuo's user avatar
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1 answer
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Can there be a settlement agreement for termination of employment?

Say a dispute arises between an employee and employer. The employer believes the employee stole something or intentionally damaged company property. The employer would like to immediately fire the ...
Toofast12's user avatar
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0 answers
65 views

Can an out-of-court settlement that includes an NDA prohibit disclosure of illegal activity? [duplicate]

Can this stipulation be legal and enforceable?
David 's user avatar
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2 votes
2 answers
128 views

Are there databases of case-level lawsuit settlement amounts?

I am looking for case-level settlement information (amounts, time it took, etc) for an academic research project. I'm not picky on the specific area of law -- any area would be fine, provided that I ...
J Li's user avatar
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1 answer
367 views

Why isn't infidelity considered a tort during divorce settlements?

I've always had the impression that the law is there to be fair and protect a disadvantaged party. Let's say a partner in a marriage falls in love with someone else and divorces their current spouse. ...
user1034912's user avatar
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0 votes
1 answer
101 views

Is it legal to charge for compensation instead of reporting a crime against my company?

Suppose that it came to my attention someone had stolen from my company, or committed some other crime that only hurts my company. Is it legal for me to send a letter asking for compensation in return ...
lvella's user avatar
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1 vote
2 answers
67 views

How does one decide on a number when proposing a settlement?

I'm taking my ex-landlord to court. I have multiple claims. He said he's interested in settling and so am I. Is there any standard procedure for coming up with a settlement agreement? Obviously I ...
pulpfictioncerulean's user avatar
1 vote
2 answers
80 views

Is it possible to have a "future" settlement in case of divorce? [closed]

This is a shame question. But my spouse and I usually have conflict and the spouse wants to ensure we have an agreement in place for future potential divorce (e.g. money, kid..). It is the way the ...
HP.'s user avatar
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1 answer
53 views

I have settled the claim. To what extent can I recover the settlement costs based on an indemnity clause?

In Canada, to what extent can I recover the settlement costs from a third party, based on that third party's indemnity clause that indemnifies me. For instance, would a court say that I can settle but ...
01001's user avatar
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-1 votes
1 answer
64 views

When do I get my Settlement

On May 8 I had a mediation with defendant’s attorney we agreed on a settlement. How long do they have before they must pay me the agreed amount. It’s been over 2 months.
Dharmsgne's user avatar
1 vote
1 answer
47 views

Settlement agreements over statutorily limited contract terms

In some jurisdictions, certain types of contracts have terms which are set by statute. For instance, employment contracts might include a certain minimum number of vacation days, or lease agreements ...
Sneftel's user avatar
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-1 votes
2 answers
313 views

Forced arbitration with opt-out only by physical mail, can they do this?

I have an account with TruMark Credit Union. Today I received a letter telling me that unless I send them a physical letter opting-out that my right to a jury trial would be lost... can they do this? ...
user avatar
1 vote
2 answers
58 views

What would happen if someone wanted to sell something affected by a confidentiality agreement?

For example Bob makes an invention. Joe comes along and argues that Bob's invention infringes on some of his intellectual property. They agree to a settlement where confidentiality is required. What ...
justasking111's user avatar
-1 votes
1 answer
45 views

How to claim procurement costs in Medicare case when no lawyer used in insurance settlement? [closed]

Mother-in-law was hit when crossing the street in crosswalk with 'walk' signal. Long story short, it was going to be somewhat straightforward to have the insurance pay out policy limit. So we (the ...
Joey's user avatar
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0 votes
1 answer
82 views

Could the former publisher of the LA Times have been charged with extortion for using a damaging audio recording against his former employer?

Story here: https://www.npr.org/2018/12/12/675961765/tribune-tronc-and-beyond-a-slur-a-secret-payout-and-a-looming-sale In summary, after being fired from the LAT, Davan Maharaj threatened to sue ...
user30233's user avatar
0 votes
1 answer
126 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
dutyanalysing's user avatar
0 votes
2 answers
157 views

Arbitral agreement vs amicable settlement

What are the similarities and differences of arbitral agreement and amicable settlement?
Frank Lexer's user avatar
-1 votes
1 answer
118 views

Can individuals spend money acquired in settlements that include an NDA?

This question was inspired by recent settlements like Monica Cellio's and Nick Sandman's cases, but I'm interested in the subject in general as well. When parties agree to a settlement that includes ...
Ryan_L's user avatar
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0 votes
1 answer
78 views

Full and final settlement

Say you have signed the full and final settlement agreement between the claimant and the defendant for a fixed settlement fee in front of your presiding officer in a civil court. What happens after ...
Aurora Borealis's user avatar
0 votes
1 answer
80 views

Going to trial on civil conspiracy claim when underlying tort claim is settled?

If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do ...
Gill Hamel's user avatar
4 votes
2 answers
167 views

Why is it common for settlment agreements to be confidential?

I've noticed a lot of settlement agreements have confidentiality clauses, stating that the terms and facts of the settlement agreement can't be disclosed. Why would someone want to do this? It seems ...
justasking111's user avatar
0 votes
1 answer
194 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
dutyanalysing's user avatar
2 votes
3 answers
334 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
dutyanalysing's user avatar
0 votes
1 answer
74 views

vehicle insurance settlement

A friend was rear ended and the other party's vehicle insurance agency sent them a release and settlement of property damage claim with some vague conditions in an email: Here is the release [...
dbo's user avatar
  • 103
0 votes
1 answer
73 views

Total dollar amount of damages sought outstanding in US courts?

Is there any report that sheds some light on how much damages are sought in civil cases in total in the US (or another major jurisdiction, e.g. the EU, UK, etc.) at any given point in time in recent ...
skyork's user avatar
  • 103
0 votes
2 answers
109 views

In practice what kind of claims can't be brought to court after signing a settlement agreement?

A settlement agreement contains the following term: Parties agree that this settlement extinguishes all claims each party may have against the other. What affect does such a term have in theory ...
somename1's user avatar
1 vote
1 answer
234 views

What happens if parties do not honour a settlement agreement?

Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were grocery store shall pay shopper $100 ...
Platband's user avatar
3 votes
3 answers
483 views

How do I object to the FTC and Equifax settlement?

The FTC has a press release with some court documents at Equifax to Pay $575 Million as Part of Settlement with FTC, CFPB, and States Related to 2017 Data Breach. The release includes the link to the ...
jww's user avatar
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1 vote
1 answer
209 views

Can child support be settled out of court, and can that settlement be challenged in court?

Can child support be settled out of court, and can that settlement be challenged in court? I am wondering if settlement of child support out of court has any bearing on the legal proceedings and if ...
Sayaman's user avatar
  • 5,180
2 votes
1 answer
74 views

How can settling a claim be beneficial and done properly?

I have a claim against my ex-landlord. I found it necessary to go to court. He said he blocked all communication with me and stopped replying to my messages about money and furniture he owes me. After ...
dutyanalysing's user avatar
1 vote
1 answer
172 views

Settlement Agreement for business dispute payment to personal account

I have reached a settlement agreement arising from a dispute between two companies and the other party is requesting that I pay the settlement into a personal off-shore account of one of the directors ...
Christian Marth's user avatar