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Settlement Agreements › Litigation Strategies › Settlement Negotiations

Melito & Adolfsen

Tell me what you’re looking for?

Melito & Adolfsen on

Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue....more

Jones Day

Rising Fraudulent Claims Submitted to Class Action Settlement Funds Heighten Settlement Risk

Jones Day on

Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more

Pullman & Comley, LLC

When to Request Non-Financial Terms at Mediation

Pullman & Comley, LLC on

The initial demand was astronomical. Liability was razor thin. But, after three grueling hours, just as the marshals began to roust the public from the courthouse, counsel finally agreed upon a number. With three simple...more

Bradley Arant Boult Cummings LLP

Overruled: Court Denies Relator’s Objection to False Claim Act Settlement

Bradley Arant Boult Cummings LLP on

Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous...more

McDermott Will & Emery

A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

McDermott Will & Emery on

When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more

Robinson+Cole Class Actions Insider

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive...

Robinson+Cole Class Actions Insider on

When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and...more

Searcy Denney Scarola Barnhart & Shipley

Can I Deposit a Personal Injury Settlement Check?

Searcy Denney Scarola Barnhart & Shipley on

According to Florida Bar Ethics Opinion 00-2, issued on July 15, 2000, but is not binding, “An attorney should not participate in a settlement arrangement in which an insurance company pays the settlement directly into an...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

Pierce Atwood LLP on

The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 3: The Judge

Pierce Atwood LLP on

In previous posts, I have discussed the roles of two of the players in class settlements: defense counsel and class counsel. For the third and final installment in this series, I will discuss the role of the third and most...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 2: Class Counsel

Pierce Atwood LLP on

In Part 1 of this series, I explained the role of defense counsel in class action settlements. In this Part 2, I will explore the role of class counsel. I embark on this journey with some trepidation, because as a defense...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 1: Defense Counsel

Pierce Atwood LLP on

Class action settlements are different from other settlements for several reasons. The most obvious difference is that class action settlements are subject to a unique notice and court approval process. The overriding purpose...more

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