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Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
Article • January 15, 2008
Private Parties Cannot Contract Away Right to Access Public Records by Pennsylvania accounting firm Cogen, Sklar and Levick (Firm) petitioned for declaratory judgment that a settlement agreement's terms of confidentiality exempted the agreement's public disclosure. The insurance department, a party to the agreement, along with the Philadelphia Enquirer, filed preliminary …
Records Unsealed, Doors Re-opened to Proceedings in Maryland Police Shooting Settlement by Maryland newspaper The Baltimore Sun (Sun) sought reversal of a 1999 court order closing courtroom doors and sealing records in a civil settlement for wrongful death following a shooting by police. On a writ of certiorari, the appellate …
Article • January 15, 2008
Conflicts in Statute Regarding Document Disclosures Yield to Right to Know: Settlement Ordered Released by The Westmoreland County Housing Authority (WCHA) sought review from an appellate order affirming the production of records regarding a settlement agreement between the WCHA's former employee and its insurer. The document was again determined to …
Article • January 15, 2008
Municipal Agreements with Contract Insurance Agencies are Public Record by Westmoreland County Housing Authority (WCHA) appealed a 2001 order of the Commonwealth Court of Pennsylvania requiring them to disclose a settlement agreement to the Tribune Review Publishing Company (Tribune) under the state's Right to Know Act (Act). The WCHA claimed …
Article • January 15, 2008
Pennsylvania Settlement Agreement Ordered Disclosed for Involvement of Public Funds Disbursement by Pennsylvania's Lower Saucon Township (Township) appealed a court order requiring them to produce for inspection a settlement agreement resulting from a federal suit against its local police. The court affirmed the order for production because the agreement involved …
CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
Brief • December 19, 2007
Jordan v. Pugh, CO, Settlement Agreement, First Amendment Violation, 2007 Case 1:02-cv-01239-MSK-KLM Document 402 Filed 12/19/07 USDC Colorado Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Case No. 02-cv-01239-MSK-KLM MARK JORDAN, Plaintiffs, v. MICHAEL PUGH, et al., Defendants. STIPULATED SETTLEMENT AGREEMENT BY AND BETWEEN PLAINTIFF AND DEFENDANTS …
Article • December 15, 2007
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
Article • December 15, 2007
New York School Construction Authority's Property Acquisition Details Ordered Disclosed by New York attorney Michael Greco petitioned for the disclosure of appraisal and settlement documents involving New York School Construction Authority (Authority) acquisitions. The Authority moved to dismiss but the court ordered the documents produced. The Authority took parcels of …
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 …
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