When do statements by counsel to a Tennessee judge in open court give rise to a binding settlement between the parties? In Harvey v. Turner, No. M2014-00368-COA-R3-CV (Tenn. Ct. App. March 26, 2014), three parties had been involved in protracted litigation regarding property issues for six years. The matter finally…
In most if not all states, the settlement of a minor’s personal injury claim must be approved by the Court. This is certainly true in Tennessee – the applicable statute is T.C.A. Section 29-34-105. The Alabama Supreme Court recently decided a case in which the minor died after a settlement…
Herman Cain has been accused of sexual harassment. He denies the allegations. What about the women who asserted the claims? The ones who allegedly received money from the National Restaurant Association, Mr. Cain’s employer at the time? What do they say? Apparently, they aren’t saying anything because as a condition…
The Fourth District Court of Appeals for Florida has ruled that a non-settling defendant cannot obtain a court order forcing disclosure of confidential settlements between the plaintiff and settling defendants. Plaintiffs were involved in an auto accident that was allegedly caused by tire failure. They sued the car…
Mediation is an important part of personal injury and wrongful death litigation. Indeed, my only significant quarrel with mediation is that defendants often refuse to engage in any settlement negotiations in significant cases without a formal mediation. I still remember the days where lawyers could actually engage in settlement negotiations…
A defense lawyer and I were having a drink the other day and he told me that from time to time he has difficulty getting cases settled at mediation because plaintiff’s lawyers don’t have information about subrogation interests. Here are some tips to avoid such problems: At the initial client…
Plaintiff settled his sexual harassment and retaliation lawsuit against defendants and this provision was included in the settlement agreement: "The parties agree that the terms of this settlement shall be held confidential and that no disclosure of the terms of the settlement, other than the fact of the settlement itself, shall…