Questions tagged [settlement]

Contracts/agreements that remove or end judicial proceedings.

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2answers
67 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 ...
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1answer
35 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 ...
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1answer
59 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.
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24 views

Divorce Courts and Settlements

It is well-known that during a divorce (UK) Courts can over-rule 'Pre-nupitals' for whatever reason. If on the other hand, before the Wedding any property belonging only to one partner is protected in ...
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1answer
27 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 ...
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2answers
160 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? ...
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2answers
44 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 ...
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1answer
22 views

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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1answer
65 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 ...
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1answer
111 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 ...
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2answers
39 views

Arbitral agreement vs amicable settlement

What are the similarities and differences of arbitral agreement and amicable settlement?
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1answer
94 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 ...
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1answer
57 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 ...
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1answer
35 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 ...
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2answers
96 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 ...
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1answer
64 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 ...
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3answers
170 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 ...
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1answer
67 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 [...
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1answer
64 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 ...
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2answers
63 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 ...
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1answer
92 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 ...
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3answers
438 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 ...
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1answer
85 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 ...
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1answer
61 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 ...
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1answer
64 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 ...
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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 ...
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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 ...
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0answers
66 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 ...
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2answers
543 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 ...
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4answers
250 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 ...
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3answers
198 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 ...
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1answer
33 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
553 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 ...
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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 ...
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1answer
56 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 ...
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2answers
284 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. ...
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1answer
67 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 ...
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1answer
166 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 ...
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1answer
141 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 ...
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1answer
2k 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 ...
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2answers
14k 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 ...
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1answer
127 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 ...
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1answer
93 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 ...
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3answers
141 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 ...
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3answers
481 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 ...
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1answer
72 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 ...
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2answers
186 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 ...
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1answer
201 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 ...
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1answer
185 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 ...
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1answer
85 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'...