Choosing more casual means of reaching settlement, like mediation or arbitration, can save relationships and cost less
than court settlements.
Not exact matches
With a
settlement, your lender is essentially striking a deal to «settle» for a lower amount
than what you borrowed if it means resolving your debt without the need for collections,
court judgments, or other actions.
Claims by the Secretary of State for Wales that the current devolution
settlement does not need major changes are misguided and could help to entrench an unsatisfactory system in place where the
courts become the final arbiter of laws rather
than the electorate, the Welsh Liberal Democrats Assembly Member, Peter Black has said.
FEMA was warned more
than 11 months ago of allegations that government contractors had forged documents to underpay flood insurance
settlements after superstorm Sandy, according to
court papers.
News International has agreed to pay out more
than # 600,000 to 18 victims of News of the World phone hacking, including Jude Law, Lord Prescott and Ashley Cole, in a series of
settlements read out at the high
court in London.
There are unfunded mandates and lack of aid from the state, and while he has provided more money for education, it is less
than the Campaign for Fiscal Equity
settlement [the 2006
court ruling requiring the state to pay billions in backpay to shortchanged school districts]... When [Assembly Speaker Carl] Heastie proposed a slightly progressive income tax, he just rejected it.
Newly minted State Senate majority leader John Flanagan wrote a letter in 2013 to his constituents in Huntington urging them to take a
settlement LIPA was offering rather
than let the case be decided in
court.
Dr. Michelle Fine, a professor at City University of New York, testified in
court that the
settlement ensured no school bore the burden more
than another.
Also whilst Rightscorp claims to have settled 170,000 cases last year they don't say how many of those so called
settlements were dismissed
court cases as it seems that if instead of paying them people say take me to
court they get the case dismissed rather
than face legal scrutiny.
While the publishers involved in the case settled out of
court but maintain that there was no wrongdoing — citing that the
settlement terms were ultimately less expensive
than the legal fees to fight the lawsuit — Apple was not offered that opportunity yet has remained smugly confident that it will come out on top.
Rather
than the current mode of bringing in attorneys, a small claims
court lets individuals take legal action that is typically much faster and far less expensive, although the judgments and
settlements tend to be on the small potatoes scale.
The
settlement will also finalize any penalty to the company, and could be a far better deal
than what the penalty could cost if the publisher opted to continue the investigation and
court proceedings.
Penguin Group's CEO John Makinson issued a statement yesterday that basically outlines the company's reasons for going to
court over the issue, rather
than accept the punitive
settlement offered to the publishers.
It's trading at its 52 - week highs, but its
settlement of a
court case with the State of New York means that it's at a greater
than 60 % discount to its liquidation value on a sum - of - the - parts basis.
If the bank believes your complaint may be investigated by the Ombudsman or that you are resolutely going to stick at
court action, take up the new arguments and make it send costly barristers — it may offer a full, or more likely part,
settlement — as that could be cheaper
than incurring the expensive of fighting.
The longer things go after the credit card company has started litigation in the
court system the more likely it becomes that a creditor will refuse to participate in your debt
settlement plan and you must settle a credit card account for more
than you might want to or you will face a
court hearing and its consequences such as garnishment.
Creditors usually accept the deal because an easy
settlement now is a lot better
than having to fight for a share of the money in
court.
Most creditors would rather work things out amicably in a negotiated
settlement than spend more money taking a customer to
court (with no guarantee of being able to collect on a judgment).
In papers filed yesterday, the consumers argue that the Andersons have continued to violate a
court order and the terms of a
settlement agreement the parties entered into more
than three years ago, by selling puppies from substandard breeding facilities and violating disclosure requirements as to where the puppies they sell come from.
But rather
than become mired in a protracted
court case, the arcade giant and the enterprising college students reached a
settlement.
NARUC said the government's failure to begin accepting used nuclear fuel has resulted in more
than $ 5 billion dollars in
court - awarded damage
settlements, at taxpayers» expense.
In a joint status report filed yesterday, the parties reported that they had agreed to continue their preliminary
settlement discussions until April 14 and to report back to the
court no later
than April 21.
a class action in which a motion for approval of an amended
settlement to replace the original
settlement was rejected because the
court held that the amended
settlement was unfair, even if better
than the original.
[130] Having regard to institutional fairness will elevate the standard for approval and send the message that
courts will not rubber stamp
settlements and turn a blind eye to what are in truth strike suits or suits where the defendant or the defendant's insurer pays a modest price for buying peace rather
than paying a fair price to compensate the class members for their injuries.
The insurance company may say something like a
settlement is being offered for «nuisance value,» or the amount that the insurance company is willing to pay to settle the claim because it would spend even more (on attorney's fees,
court costs, expert witnesses, etc.)
than the offered amount to defend against the «nuisance» of the victim's claim.
But when someone offers a plaintiff a
settlement it is only because they believe the amount will be less
than the
settlement awarded in the
court.
The focus on
settlement moves the case to resolution faster
than the typical
court - directed case.
On the other hand, while
settlements make compensation more likely, they can sometimes result in you receiving less compensation for your injuries
than you would in
court.
Attorney wanted the full contingency amount owed under his agreement and MICRA, while the trial
court applied a local
court rule allowing 25 % of the
settlement recovery ($ 50,000 rather
than the $ 61,666 contingency recovery).
More often
than not, where appropriate, a personal injury lawyer works towards an out of
court settlement rather
than going for a trial.
Essentially, the
Court of Appeal recognized that Reeb would be better off accepting the plaintiff's
settlement offer under the $ 1 million limit of his mother's home owner's policy,
than continuing to pursue the application to determine if there was any coverage in excess of the limit, under the two additional insurance policies.
In relation to an award by an employment tribunal or sum due under an ACAS
settlement, the High
Court and County Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High Court or county court where the sum involved is less than # 5
Court and County
Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High
Court or county court where the sum involved is less than # 5
Court or county
court where the sum involved is less than # 5
court where the sum involved is less
than # 5,000.
And finally, the families of victims who opted to sue the airlines rather
than accept compensation from the
settlement fund still wait for their day in
court, as reported in this article from last week's New York Times.
The monopoly of dispute
settlement maintained by the EU
courts under Art. 344 TFEU obliges the Member States to settle disputes concerning the interpretation or application of the Treaties by no other means
than the ones provided for in the latter and thereby strengthens the jurisdictional order of competences within the EU.
On a recent day in
court, Judge Mary Jane Hatton encouraged a couple in a support case to work on an amicable
settlement, rather
than immediately resorting to the
court to settle things.
Plaintiffs may also be awarded prejudgment interest, which runs from the date the plaintiff makes an offer of
settlement, rather
than the time damages are awarded by a
court.
[16] In terms of the relationship between the terms of
settlement offered and the final judgment of the
court, the offer was better
than the result, but the offer was only for the sum of $ 1 plus disbursements.
You may be eligible to file any of these claims and sometimes more
than one: private lawsuit, bankruptcy trust fund, out - of -
court settlement or VA claim.
So rather
than just take on your case, we provide real advice about whether it is worth you going through the
court system or
settlement process in order to seek compensation in your Kansas City personal injury case.
A
court monitor looking into the firm's practice found that 77 Blott claimants received more
than 380 loans from various lenders against their
settlement.
If the settling defendant is based in a different jurisdiction
than the plaintiff, the defendant should also consider including a choice of venue / jurisdiction provision and a waiver of personal service on the counterparty with respect to any complaint arising from breach of the
settlement agreement (e.g., if a company based in San Francisco is sued in a Small Claims
Court in New York and the San Francisco company agrees to settle the claim, it should consider including a provision in the agreement that the
courts in San Francisco shall have exclusive jurisdiction over any disputes arising from the breach of the
settlement agreement, and the counterparty submits to the personal jurisdiction of such
courts).
This requirement adds an extra layer of incentive for the lawyers involved to work towards
settlement rather
than escalating conflict because they know that they will not be able to continue working if things move to the
courts.
Benjamin Alarie, who designed software that can predict with greater
than 90 - per - cent accuracy what a tax
court would hold in new circumstances, points out that his product may have a dramatic impact on the likelihood of
settlement.
Often, when a verdict is rendered in lieu of a
settlement, the losing party will have to pay out considerably more money
than in a
settlement — because trials are expensive, and costs for putting on the trial, paying for the judge, the
court reporter, the jury members» per diem, the bailiff and others, can mean even more financial pain.
A good personal injury attorney with decades in the field of accident law can yield much higher
settlements than someone unfamiliar with injury law, local
courts, and defense teams.
Defended, prosecuted, and brokered
settlement in insurance fraud / breach of contract matter that spanned more
than six years (having been filed in four different
courts and administrative agencies) and implicated dozens of parties.
Princess Tessy, having married into the Luxembourg royal family, is likely to secure a more generous
settlement in the English
courts than if her case was to be heard elsewhere.
Consequently, as the trial
court correctly recognized, the hospital could not «receive more
than 1/3 of the verdict, judgment, award,
settlement or compromise.»
If you make an ICBC claim in BC Supreme
Court and win (winning meaning you obtain a judgment in your favour greater
than an ICBC formal
settlement offer) you are generally entitled to «costs» in addition to your award of damages.
TARC is more likely to pay out - of -
court settlements than either the TANK bus system in northern Kentucky and Cincinnati's Metro.