30 results for 'cat:"Civil Procedure" AND cat:"Settlements"'.
J. Gomez finds that language in the settlement agreement between the decedent and his former girlfriend did not waive the girlfriend's interest in the funds of a "payable on death" bank account for which she was the named beneficiary. The agreement waived her rights only to bring claims regarding "past financial dealings," while her interest in the account stems only from her being named the beneficiary. Therefore, because the decedent did not remove the former girlfriend as beneficiary, she - not the estate - is entitled to the funds. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 25, 2024, Case #: 2024COA44, Categories: civil Procedure, settlements, Wills / Probate
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: civil Procedure, Property, settlements
Vice Chancellor Will declines to allow Philip Morris to intervene to bring unjust enrichment claims contending that ITG Brands' failure to join the 1998 Florida tobacco settlement resulted in Reynolds American making reduced payments to the state and increased Philip Morris' allocation by that same amount. Philip Morris should have sought intervention at least a year before, and allowing intervention would be disruptive now that the action is at the cusp of trial.
Court: Delaware Chancery Court, Judge: Will, Filed On: April 1, 2024, Case #: 2017-0129-LWW, Categories: civil Procedure, settlements
Per curiam, the court of civil appeals finds that this appeal must be dismissed based on a lack of jurisdiction. The appellant insurance company appeals from an order in the lower court granting a motion to enforce a settlement agreement. The court agrees with the appellees' argument that the order is "an interlocutory order granting an injunction." Accordingly, the company's appeal was untimely.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: March 29, 2024, Case #: CL-2023-0501, Categories: civil Procedure, settlements
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J. Tijerina conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order for sanctions in the underlying proceeding. The lower court abused its discretion by sanctioning the attorneys "$1,000 each day until they deposit insurance settlement proceeds that belong to a non-party into the registry." The evidence does not show that they "were willfully non-compliant, or willfully ignorant," but instead shows that the non-party did not consent to the ordered deposit.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 22, 2024, Case #: 13-23-00581-CV, Categories: civil Procedure, Sanctions, settlements
J. Kobayashi remands an individual’s tobacco-related product liability case against a cigarette manufacturer to Hawaii state court. The individual did not act in bad faith when she settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the individual is denied a request for the attorney fees related to the removal to federal court as the removal was reasonable, given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv87, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, settlements, Product Liability
J. Kobayashi grants remand for couple to take their tobacco-related product liability case against a cigarette manufacturer back to Hawaii state court. The couple did not act in bad faith when it settled with other defendants close to the trial date in the case to prevent the case from being removed. Those defendants included other cigarette manufacturers and only occurred after many settlement discussions, not just with tobacco retailers. However, the couple is denied a request for the attorney fees related to the removal to federal court, as the removal was reasonable given that there were some bad faith factors.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 11, 2024, Case #: 1:24cv86, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: civil Procedure, settlements, Product Liability
J. Gleason grants the former inmate's motion for partial summary judgment as to the enforceability of a settlement agreement that was reached in order for his co-defendants in a criminal case "to be immediately released from prison and his own potentially unlawful conviction to be set aside." The city defendants in this Section 1983 case fail to show that enforcing the settlement agreement, which required the release of "all civil claims" by the plaintiff, is in the public interest, after he "may have been wrongfully imprisoned for nearly two decades."
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 4:17cv34, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, settlements
J. Nalbandian finds the lower court properly determined the marijuana retailer's motion to intervene was mooted by a settlement between the city and another retailer. The order of dismissal entered by the court was final and it retained jurisdiction only to enforce the settlement, which did not involve the marijuana retailer. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: January 4, 2024, Case #: 23-1262, Categories: civil Procedure, settlements, Jurisdiction
Per curiam, the circuit finds that the district court properly declined to alter a jury verdict awarding damages for violations of an agreement settling trademark infringement claims because the Swedish company that misused its mark under the settlement failed to challenge disgorgement and punitive damages as awarded at trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-2993, Categories: civil Procedure, settlements, Trademark
J. Miskel finds that the lower court properly granted the Office of the Attorney General's claims in intervention for child support, health insurance and medical support. The lower court erred, however, with respect to the portions of the judgment "relating to the parent-child relationship that do not comply with the terms of the parents' MSA" since it was "required to render a divorce decree that adopted the settlement terms." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 8, 2023, Case #: 05-22-00049-CV, Categories: civil Procedure, Family Law, settlements
J. Najam finds that the trial court improperly ruled in claims seeking excess medical malpractice damages from the state patient's compensation fund because the fund is not required to intervene in settlement negotiations between claimants and providers. In addition, the underlying sexual assault claims do not meet the definition of medical malpractice. Reversed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: June 2, 2023, Case #: 22A-CT-1276, Categories: civil Procedure, settlements, Medical Malpractice