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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 …
Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Article • May 15, 2007
Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements by Public Right To Judicial Proceedings Outweighs Private Parties' Confidentiality Agreements East Coast Media Companies appealed a sealing order by New Jersey Superior Court's Law Division for private parties' contractual agreements and court documents relating to an alternative dispute resolution. …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Article • May 15, 2007
Settlements Are Public Records in California by California's Fourth District Court of Appeals affirmed a trial court's order requiring Orange County to release documents related to the settlement of a lawsuit brought by a pre-trial detainee at the county's jail. The detainee, a convicted child molester, claimed the county negligently …
Article • May 15, 2007
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Courts Can Enforce Stipulated Settlements by The plaintiff, a part-time building code enforcement officer, alleged that he had been discharged in violation of the First Amendment. He obtained a "so ordered" settlement agreement granting reinstatement, back pay, and attorneys' fees. Subsequently the village changed its policy concerning part-time work so …
Article • May 15, 2007
Court Lacks Jurisdiction to Enforce Settlement by An order which said that the case had been settled and was dismissed without prejudice to reinstate it if the settlement was not consummated did not confer jurisdiction on the district court in Pennsylvania to enforce the settlement. The court notes that it …
PLN Uncovers Secret Sweetheart Settlement Between PRIDE and Former Board Members by David Reutter by David M. Reutter In its continual effort to expose corruption within prisons, PLN has uncovered the confidential settlement between Florida?s Prison Rehabilitation Industries and Diversified Industries (PRIDE) and the corporations spawned by its former directors? …
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