8

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,...


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 ...


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

Can individuals spend money acquired in settlements that include an NDA? is the party that receives the payment allowed to actually use it? Yes. Payment of a substantial sum is oftentimes the main or only incentive for the injured party to bind himself in an NDA. A prohibition to spend that money would de facto nullify the benefit without which the party ...


4

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 ...


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

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

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

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 ...


2

The Civil Resolution Tribunal is part of the court system, and the decisions they issue, called "consent resolution orders", are legally binding just like court decisions are. Enforcement is done through the court system; the next step involves the BC provincial courts. (A settlement through the CRT is roughly equivalent to a decision in small-claims court....


2

Once the defendant has fully complied with his obligations per the settlement, the claimant no longer has the option of withdrawing from, or voiding, the agreement. The settlement is binding also for the claimant, and it cannot be voided unless the defendant agrees to its rescission.


2

If you can afford it - and if a lawyer will take the case - you can bring suit for pretty much anything. But unless you can demonstrate unlawful activity by the defendant and quantifiable damages to the plaintiff, you will not win the case. You might be successful if you can demonstrate financial damages from lost earnings for yourself and your friend, or ...


1

Arbitration Arbitration is a formal dispute resolution mechanism that is supported by law. It requires the agreement of all participants which may come as part of a contract before there is a dispute or the parties may agree to use arbitration after the dispute arises. Courts will generally not hear disputes where arbitration has been agreed upon. The ...


1

is it subject to dismissal as a matter of law after the underlying tort is settled? Yes, it would be dismissed. Beck v. Prupis, 529 U.S. 494(2002) cites various authorities in the sense that [s]ince liability for civil conspiracy depends on performance of some underlying tortious act, the conspiracy is not independently actionable; rather, it is a ...


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

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)...


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