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Article • December 15, 2007
Settlement Agreement Confidentiality Provisions Maintained, Not Exposed In Courtroom Dispute by Georgia's Savannah College of Art and Design, Inc. (SCAD), appealed a 1998 court order unsealing settlement documents between the SCAD and the School of Visual Arts (SVA). The agreement's provisions stipulated to strict confidentiality. The court reversed the disclosure …
Article • December 15, 2007
Lawfully Mandated Disclosure, Contract Stipulation Precludes Breech For Settlement Agreement Production by Texas former student of El Paso County Community College District (District) Constance Thomas, as well as the District, appealed a 2000 court ruling in a dispute awarding breech of contract to Thomas. The judgment was reversed because the …
Wrongful Death At Wallens Ridge State Prison Settled For $1,540,000 by In 2002, the state of Connecticut paid $1.1 million and in 2003 the state of Virginia paid $350,000 to the family of Connecticut state prisoner Larry Frazier who died a torturous death in a supermax prison. To ease Connecticut …
Article • December 15, 2007
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases by The Pollow family settled a civil rights action against police in Memphis, Tennessee after officers killed Adam Pollow while "restraining" him. The Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
Brief • June 1, 2007
Filed under: Settlements
Goodnow v. Hoffman, VT, Release Medical Treatment, Neglect, 2007 GENERAL RELEASE For and in consideration of the sum of Twenty-Five Thousand Dollars and nol100 ($25,000.00), lawful money of the United States, the receipt of which is hereby acknowledged, the undersigned Peter Goodnow does for himself and his heirs, executors, administrators, …
Article • May 15, 2007
Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree by Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree The Eleventh Circuit of Appeals has held a Florida settlement agreement's provision that retains "the district court's jurisdiction for enforcement of the agreement" is the …
Article • May 15, 2007
Release-Dismissal Agreement Bars Future Suit by The Seventh Circuit Court of Appeals affirmed a Northern District of Indiana district court's order granting summary judgment, which held that a release agreement dismissing criminal charges in exchange for release from liability in a 42 U.S.C. § 1983 action was valid and barred …
Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted by Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted The Ninth Circuit Court of Appeals held that a party who reaches a settlement agreement enforceable by the court, or who has obtained a preliminary …
Article • May 15, 2007
Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by John E. Dannenberg The Ninth Circuit US Court of Appeals permitted a case to proceed in …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
Article • May 15, 2007
$90,000 Settlement for Alabama Prisoners Raped by Jail Guards by In June 2002, the City of Homewood, Alabama, paid a total of $90,000 to settle with two unidentified women who claimed they were forced to provide sexual favors to guards while imprisoned at the city jail. The plaintiffs, Jane Doe, …
Article • May 15, 2007
Canadian Crime Victim Settles Halfway House Suit for $215,000 by On January 22, 2001, the Correctional Services of Canada agreed to pay an unidentified female rape victim $215,000 (Canadian) hours before her civil suit for damages was scheduled to begin. In 1998 the victim was attacked by James Armbruster, described …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
Article • May 15, 2007
Suit Can Be Settled Before Class is Certified by Most federal courts have held that a suit filed as a class action should be treated as one for purposes of settlement or dismissal, even though the class has not been certified, until it is determined that class certification is not …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Settlement Requires Trial Over Attorney Fees by The plaintiff sued for civil rights violations related to his arrest and then died. His estate settled the suit, leaving open costs and attorneys' fees. The district court rejected both the defendants' request for an evidentiary hearing and the plaintiff's request for fees. …
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
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