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 ...


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

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 ...


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 ...


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,...


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,...


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

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 ...


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

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 ...


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

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

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

Why is it common for settlment agreements to be confidential? if someone else is in a similar situation why shouldn't they seek a similar outcome? It has to do with the obligor's intent (1) not to place himself on the weak side of information asymmetry with respect to other plaintiffs, and (2) to make it more difficult for others to conjecture that the ...


3

A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be ...


3

If the agreement is the result of a binding determinative process like the decision of a court, arbitrator or administrative tribunal, the aggrieved party can go to the court for enforcement. If it isn’t, then the agreement may be enforceable as a contract (see What is a contract and what is required for them to be valid?). Breach of the contract allows the ...


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

Child support arrangements can be negotiated by the parties, however, approval of the court is required to make them binding. Courts will reject arrangements that deviate too far from what a court would impose.


2

A settlement removes the element of risk and uncertainty, particularly the risk of losing the case. One never knows what a court will do, particularly in a jury trial, but one does know (or should know) exactly what a settlement will involve when agreeing to it. A settlement can take a compromise position. A court case will often have an all-or-nothing ...


2

This article by law professor Eugene Volokh looks at the line separating blackmail from lawful threats. According to Volokh the courts look for a "nexus" between the threat and whatever the negotiator is seeking (and yes, the term "nexus" is rather vague). So "pay me the money you owe or I sue" is a lawful threat because the lawsuit is about the money. "Pay ...


2

In exactly the same way that you make any other decision in the midst of uncertainty How do I decide whether to get the steak or the fish? How do I decide whether to go to the movies or the beach? How do I decide whether to buy, sell or hold International Widgets Inc.? How do I decide whether to get married? How do I decide whether to holiday in Bali or ...


2

Judgement When a determinative forum makes a decision (e.g. a court or an arbitrator) and any appeals have been finalized or the time for making them has expired, then the matter is Res Judicata (a matter already judged). This serves as a complete and total bar on any claim between the same parties over the same events. A plaintiff cannot "change ...


2

if they settle, could the plaintiff sue again claiming he found more damage than he was first aware of? Generally speaking, no. It would be the plaintiff's responsibility to ensure awareness of what he was settling for. For the settlement to be voidable and be entitled to resume the claims, there would have to be additional circumstances, such as: having ...


1

There Are Isolated Data Points, But There Are No Good Comprehensive Compilations, Only Estimates There is no official source that calculates it, although public records exist in each court system with its own data base (one in some states, several in other states, plus the federal system) from which someone diligent could compile this data. There are no U.S....


1

You can object by sending a letter to claims adminstrator, jnd or file something with the Court. If you do object, but the settlement is approved, you are still entitled to what ever choice you made. So you can take the monitoring or the $$ and still object. It's in the class notice. The link below outlines how to object. I hope a lot of people object. ...


1

It does not appear that our attorney sent the counter-offer Well, you should find out the facts rather than relying on what "appears" to be the case. While there are outstanding settlement offers flying around the case is still on foot and whatever needs to happen to satisfy the court still needs to happen. When an agreement is reached then the case is ...


1

On what grounds, if any, can the retailer refuse the payment? The third party is not privy to the contract between the retailer and consumer. This means that the contract does not legally bind the third party, and therefore any performance by the third party does not constitute performance of the contract by the consumer (in this case, the obligation to pay)...


1

You can first decide if the settlement is acceptable to you. If I harmed you by causing you damage X and the settlement means that I pay you Y, I admit no guilt, and you promise not to sue me again (which would be a normal settlement), are you happy with that outcome? Independent of what you might get or might not get if you go to court? Second, when you go ...


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