The Stack Overflow podcast is back! Listen to an interview with our new CEO.

Questions tagged [settlement]

Contracts/agreements that remove or end judicial proceedings.

Filter by
Sorted by
Tagged with
0
votes
1answer
46 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 ...
0
votes
2answers
65 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 ...
0
votes
1answer
40 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 ...
2
votes
3answers
83 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 ...
0
votes
1answer
64 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 [...
2
votes
3answers
359 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 ...
0
votes
1answer
58 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 ...
0
votes
2answers
53 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 ...
1
vote
1answer
70 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 ...
8
votes
3answers
430 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 ...
1
vote
1answer
76 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 ...
2
votes
1answer
57 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 ...
1
vote
3answers
181 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 ...
11
votes
4answers
4k views

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 ...
6
votes
2answers
1k views

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 ...
2
votes
0answers
64 views

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 ...
2
votes
2answers
416 views

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 ...
5
votes
4answers
238 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 ...
0
votes
1answer
32 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 ...
1
vote
2answers
238 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
votes
1answer
58 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
55 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 ...
2
votes
2answers
176 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 ...
7
votes
2answers
263 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
54 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 ...
1
vote
1answer
71 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 ...
3
votes
1answer
145 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
votes
1answer
118 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 ...
24
votes
2answers
12k 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 ...
1
vote
1answer
1k 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 ...
2
votes
1answer
112 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
3answers
126 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 ...
0
votes
1answer
69 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
1answer
173 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
votes
1answer
169 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
votes
1answer
81 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
vote
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
vote
1answer
94 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
votes
1answer
359 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
votes
1answer
190 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
7k 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
votes
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 ...
6
votes
1answer
358 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 ...