Settlement Agreements
“Suck it” for $80,000 Alex
March 22, 2014
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full and final settlement of Snay’s claims, with the school to pay $10,000 in back pay to Snay with “Check # 1”; $80,000 to Snay as a “1099”...
March 22, 2014
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full and final settlement of Snay’s claims, with the school to pay $10,000 in back pay to Snay with “Check # 1”; $80,000 to Snay as a “1099”...
Posner Frowns on Sealed Settlement Agreements
January 3, 2014
The U.S. Court of Appeals for the Seventh Circuit has refused to allow the sealing of settlement agreements in two civil actions, citing the “presumption of public access to judicial records.” Regarding one of the cases, Judge Richard Posner wrote, the information is important to future negotiations over attorneys’ fees in cases in which the plaintiff is a minor. “[N]o good reason—in fact no reason at all—has been given for thinking that concealment of the information would serve some...
January 3, 2014
The U.S. Court of Appeals for the Seventh Circuit has refused to allow the sealing of settlement agreements in two civil actions, citing the “presumption of public access to judicial records.” Regarding one of the cases, Judge Richard Posner wrote, the information is important to future negotiations over attorneys’ fees in cases in which the plaintiff is a minor. “[N]o good reason—in fact no reason at all—has been given for thinking that concealment of the information would serve some...
Settlement Agreements Rarely Against Public Policy
November 21, 2013
A party who signed a detailed settlement agreement after a lengthy mediation between competing factions of a homeowners association sought to have the court strike certain provisions relating to the board and bylaws, asserting they violated specific statutes and public policy generally. A California appellate court affirmed the trial court’s conclusion that no specific violation of statutes covering common interest developments was shown. Moreover, the challenged settlement provisions did not violate...
November 21, 2013
A party who signed a detailed settlement agreement after a lengthy mediation between competing factions of a homeowners association sought to have the court strike certain provisions relating to the board and bylaws, asserting they violated specific statutes and public policy generally. A California appellate court affirmed the trial court’s conclusion that no specific violation of statutes covering common interest developments was shown. Moreover, the challenged settlement provisions did not violate...
May Mediated Settlement Agreements Bypass a Child’s Best Interests?
November 9, 2013
May a family court in Texas legally refuse to enter judgment on a mediated settlement agreement because the agreement is not in the best interest of the child? This cutting edge webcast will explore what results when two strong public policies collide (protection of children versus preference for alternative dispute resolution). We will explore what you need to include in your mediated settlement agreements to improve the chances that judgment will be entered on them. Find out what tools Texas...
November 9, 2013
May a family court in Texas legally refuse to enter judgment on a mediated settlement agreement because the agreement is not in the best interest of the child? This cutting edge webcast will explore what results when two strong public policies collide (protection of children versus preference for alternative dispute resolution). We will explore what you need to include in your mediated settlement agreements to improve the chances that judgment will be entered on them. Find out what tools Texas...
