Questions tagged [settlement]

Contracts/agreements that remove or end judicial proceedings.

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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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)...
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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 ...
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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 ...
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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 ...
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Can an out-of-court settlement that includes an NDA prohibit disclosure of illegal activity?

Can this stipulation be legal and enforceable?
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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 ...
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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. ...
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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 ...
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How is it determined who in an organization (corporation) has the authority to agree to what, in terms of contracts like settlements? [duplicate]

I'm curious about how it is determined who has the authority to bind a company to an agreement. For example say there's a company BoBo. Sam is fired for just cause from BoBo. Sam puts together ...
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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 ...
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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 ...
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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 ...
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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.
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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 ...
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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? ...
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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 ...
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How to claim procurement costs in Medicare case when no lawyer used in insurance settlement?

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 ...
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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 ...
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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 ...
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Arbitral agreement vs amicable settlement

What are the similarities and differences of arbitral agreement and amicable settlement?
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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 ...
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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 ...
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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 ...
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4 votes
2 answers
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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 ...
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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 ...
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3 answers
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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 ...
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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 [...
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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 ...
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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 ...
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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 ...
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3 answers
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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 ...
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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 ...
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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 ...
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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 ...
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11 votes
4 answers
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Is there a rule of thumb for determining the amount one should accept for a settlement offer in the U.S.?

For this question let's use the amount of $200,000 owed to the plaintiff by the defendant in a breach of contract dispute. Is there a rule of thumb for calculating how much you should accept in a ...
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Class Action - which options I have?

This is regarding to my question: Is this apparent Class Action settlement a spam message? From answers I understood that it isn't a spam. But what options I have? They offer only two: file a ...
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Robert Kraft - what is the reason for the prosecution's offered deal? [closed]

After reading this article about Robert Kraft (football team owner allegedly caught having sex with a prostitute in a spa), it appears that the prosecution offered Robert Kraft a decent deal: He has ...
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4 votes
2 answers
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Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?

The highest ranked answer to a previous question states that BFOQ exceptions (probably) would not be a sufficient argument for allowing Hooters to discriminate against a protected group. In fact the ...
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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 ...
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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 ...
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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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1 vote
2 answers
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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 ...
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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 ...
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1 vote
1 answer
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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 ...
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7 votes
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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. ...
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