20

Legal question, statistical (economic) answer. You need to evaluate the expected value of an outcome which is the sum of the product of probability of winning and the gain (or loss) from winning and the product of the probability of losing and the gain (or loss) from losing. As a mathmatical expression: Expected value = [P(winning) x gain] - [P(losing) x ...


11

You rightly went to http://www.classactionrebates.com/settlements/talentbin/ which is a reliable source. I would say it was a safe site. A quick search found this court document: https://scholar.google.co.uk/scholar_case?case=5778378514805192456&q=Halvorson+v.+TalentBin,+Inc.&hl=en&as_sdt=2006&as_vis=1 which proves the existence of the case....


10

A person who is nominally in the class and does nothing remains in the class. Such a person can file formal objections to the terms of the settlement, including the amounts to be paid to the lawyers who ran the class action and negotiated the settlement on behalf of the class. Any such objections will be considered when the judge decides whether to approve ...


8

I received an email too. I'm pretty sure it's legit. Here is the process I went through: I carefully read the email looking for grammar/spelling mistakes Was the language used simple or complex? Lawyers are always very complex and specific. Googled Halvorson v. TalentBin, Inc. to look for a reference to the actual case. That brought me here where Shazamo ...


8

The language that you're referring to, where it states that if they do not provide responses to legitimately served discovery requests in a timely manner, that they would be responsible for attorney fees, this does not refer to your attorneys fees that you incurred in defending the suit. It refers to attorneys fees that would (actually could) arise out of a ...


8

If Hooters could prove that you never intended to accept the job, that would establish that you did not suffer any damages. You might also be charged with having abused the process of the court, and perhaps with perjury if you had said under oath that you did intend to take the job. If you already had a better-paying job, that would be evidence casting doubt ...


8

A problem is that statistical "expectation" answers (percentage chance x value) are not a value one may expect to receive. They are a value which on average may be expected if there were repeated events. For a lawyer, with many clients and cases, an accurate expectation will suggest how they can maximise their overall case wins. But its a lot less clear ...


7

This negotiation tactic is not a crime, but it does implicate an ethical rule for attorneys, Rule of Professional Conduct 4.5, which exists in some states, but has been dropped from the national model rules promulgated by the American Bar Association and is a controversial matter from state to state with several variant forms in different states. In Colorado,...


7

You reach a settlement instead of a judge deciding a court case if both sides agree that a settlement is better for them than paying court costs, lawyers cost, the risk of losing, having embarrassing details published, distraction for a business, waste of time, and the stress of a court case. If the plaintiff wants to be able to publish details of the case,...


6

You can either object to the terms of the settlement, or opt out of the settlement by filing papers with the appropriate court by the November 19, 2019 deadline. If you do not do so, you will be bound by the settlement ultimately approved, which is functionally a class action lawsuit, a form of lawsuit that can bind people who don't affirmatively sign up ...


5

Its difficult to tell without seeing the exact paperwork, and the exact meaning of without prejudice varies by jurisdiction (I think UK is the same as here in NZ though). If an agreement is reached through communications marked "without prejudice" it should be valid in court to the extent that it shows an agreement was reached and what the agreement was (...


5

To file a lawsuit, you'd need to fulfill the proper BFOQ of the job offer that have been listed with the job offer. These can and will in some cases include gender or looks, especially in modeling. A more in-depth look I found in this paperN as well as the Duke Journal of Gender Law & Policy Let's look at some examples that are all legal: A man is ...


5

Your options, as I understand it, are: File a claim. You should get some money, probably $50 - $200. Woo, free money! File a claim and object to the terms of the settlement. In theory this might get you a bit more money than option 1, but you need to explain exactly what it is you object to and why it is wrong in law. Unless you can find a big mistake in ...


5

Is there a rule of thumb for determining the amount one should accept for of a settlement offer? No. It is entirely up to the injured party to decide how much he is willing to irreversibly give away in a settlement. The party should crunch numbers to ascertain the actual amount he would receive after expenses (first and foremost, attorney fees, if he is ...


4

Ask yourself... What are you trying to achieve? My understanding is an employer is not obliged to provide you a positive job reference. I believe at most, they are only to obliged to confirm that you worked there. Anything above that is optional. The fact that you have left British Columbia only makes it more difficult for the company to chase you - It ...


4

Settlements are brought about by an analysis of the relevant litigation risks. To take a simple example, suppose both sets of lawyers agree that the plaintiff will likely collect about $2.6 million if s/he wins the lawsuit, and that the chances of prevailing are about 50-50. That would produce a settlement figure of $1.3 million (0.5 x $2.6 million). The ...


4

This is very, very weird. I've never heard of a case like this one. Is there some context that could explain why anyone would refile a divorce someplace new twelve years after getting divorced the first time around? The logical thing to do if Canadian civil procedure is at all analogous to U.S. civil procedure on this point, would be to have a Canadian ...


4

Probably not. It appears that in the case in question, your lawyers, while they were representing you, agreed to a protective order that kept certain information including settlement offers made to them by the opposing parties' lawyers (even if those offers were rejected) confidential. You are bound by the agreements made by your lawyers if they are your ...


4

Because of the appeals process. By settling now he: Gets the money now rather than in 2-3 years when the appeal finishes Gets $31 million rather than whatever the appeals court decides (which may be considerably less)


4

The expected value formula involves multiplying the estimated dollar amount of each possible outcome by the estimated probability of that outcome adding up the result for every possibility. The results for each outcome have to include the ability to pay if you win and the cost of collecting if you win and the time value of money if not settling delays ...


4

In and of itself, a threat to take legal action is not necessarily unlawful. Problems may arise when the threat meets the legal or statutory definition of extortion. For instance, see MCL 750.213: Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense [...] with ...


4

A salvage title does not negate the value of a vehicle. If there was no fraud (lying about the title) on the owner's part, and if there was actual offer and acceptance (not "negotiations in progress") then the agreement should be binding – but you would have to read the agreement to see if there are any escape clauses that would allow either party to escape ...


3

If a civil claim settles this means that the parties negotiated an agreement and the court did not make a ruling. You agree on a figure by ... agreeing on a figure. Just like you and the used car dealer negotiate a price for the car you want to buy. However, unlike this sort of negotiation where either party can walk away with no consequences, a civil ...


3

Whether or not this would be allowed would generally call for a more fact rich situation than the one presented in the original question, that would cast light upon why a retailer might be inclined to refuse to accept payment. Hypothetical legal questions that presume that people are acting irrationally for no good reason are generally ill posed and don't ...


3

You believe wrong - that is not what without prejudice means and it won't do what you want. Without prejudice only has meaning within the context of an effort to negotiate the resolution of a dispute. So far, so good, you have a dispute and are trying to negotiate a resolution: this letter can be marked without prejudice. What it means is that this letter ...


3

Here is a 1999 report on the topic. It has actual figures and a brief description of dozens of types of emotional damage award amounts. Along with complete case citations for further research. There are about 30 different categories and the amounts range from about $25,000 to $300,000. It's not a comprehensive answer to the question. But at least it can ...


3

You should do one of two things. Either (1) fire your lawyer and obtain competent counsel, or (2) demand that he pay for the "second opinion" (in actuality, co-counsel or a consultant) if he is unfit to offer a proper opinion on the case. I am unfamiliar with the bar rules in Canada, however I am willing to bet they require one be competent to the prosecute ...


3

Your options are generally limited by where you have (or can establish) residency, along with where your communal property is held. There are (decreasing numbers of) jurisdictions known as "divorce mills" that have notoriously lenient rules for establishing residency and completing divorces.


3

Only certain types of cases require the court's approval for a settlement. Typically, these are class actions, domestic relations cases involving the division of debt/assets and child custody/support, civil rights cases – especially under 42 USC sec. 1983 – whereby the court will often need to approve and oversee consent decrees, certain suits ...


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