515 results for 'cat:"Settlements"'.
J. Schock finds that the district court properly awarded default judgment in favor of the parents to partition joint tenancy property against the son. The son failed to present any arguments before the default judgment was entered and his allegations on appeal are not preserved or reviewable on the merits. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: May 16, 2024, Case #: 2024COA55, Categories: Property, settlements
J. Pohlman finds that the lower courts erred in altering the terms of an agreement that had settled a tenant's negligence claims for injuries from an apartment deck collapse. The settlement's plain language calls for the landlord to pay all sums to the tenant, who would then be liable for any subrogation and health care liens. No provision allowed for the landlord to split the sum between the tenant and a collection agency that claimed to have a health care lien on the settlement funds. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: May 16, 2024, Case #: 20220901, Categories: Insurance, settlements, Negligence
J. Mazzant grants as modified the individual's motion for attorney fees and costs after partially prevailing on a claim for breach of a settlement agreement regarding a probate matter. The individual is awarded $31,265 in attorney fees and $1,208 in costs.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 16, 2024, Case #: 4:21cv644, NOS: Other Contract - Contract, Categories: settlements, Attorney Fees, Contract
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J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: settlements, Jurisdiction, Foreclosure
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: settlements, Negligence, Medical Malpractice
J. Tostrud grants final approval to a class action settlement in a suit alleging that the cybersecurity vendors failed to safeguard private information against a ransomware attack. The settlement establishes a $375,000 non-reversionary settlement fund, of which one third is awarded to class counsel. Each class member will receive $50 - $150 depending on the number of valid claims unless they can show extraordinary losses, which will be reimbursed up to $5,000.
Court: USDC Minnesota, Judge: Tostrud, Filed On: May 14, 2024, Case #: 0:23cv415, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: settlements, Privacy, Class Action
J. Tjoflat finds that the district court improperly entered an order approving the proposed $35 million settlement agreement, certifying the class and granting attorney fees up to $10.5 million in a class action alleging that GoDaddy violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to make calls and send texts to consumers' phones. The district court failed to apply the latest version of the amended procedural rule in finding that the proposed settlement was fair. The district court breached its fiduciary duty because the approved settlement agreement advanced the attorneys' interests over those of the absent class members. Class counsel provided insufficient information to enable the district court to comply with a procedural rule. The district court also applied an incorrect legal standard in calculating the attorney fees. Vacated.
Court: 11th Circuit, Judge: Tjoflat, Filed On: May 13, 2024, Case #: 21-10199, Categories: settlements, Consumer Law, Class Action
J. Gilliam grants final approval to a $725,000 class settlement with Hyatt Corp. over claims of unpaid overtime wages from their security guards. The terms appear fair and include $180,000 in attorney fees.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: May 13, 2024, Case #: 4:22cv693, NOS: Other Labor Litigation - Labor, Categories: Employment, settlements, Class Action
J. Dyk finds that the court of federal claims improperly denied an undercover agent attorney fees in underlying litigation concerning a settlement contract since the court applied the incorrect legal standard. Reversed.
Court: Federal Circuit, Judge: Dyk, Filed On: May 10, 2024, Case #: 2021-2309, Categories: settlements, Attorney Fees
J. Bolden grants the joint motion for approval of the class action settlement, ruling the lack of objection from any class members, combined with the experience of counsel and complexity of the litigation, favor approval of the settlement, which will fairly compensate members and avoid a protracted legal battle. Additionally, plaintiffs' attorneys will be granted the requested $267,000 in fees, as their calculations were reasonable and supported by evidence in the record.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 10, 2024, Case #: 3:21cv1651, NOS: Consumer Credit - Other Suits, Categories: settlements, Attorney Fees, Class Action
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment and writ of possession of the decedent’s home in favor of his estate stemming from a resident financially exploiting a vulnerable adult by stealing from the estate’s decedent after he was diagnosed with cancer. The decedent met the resident when he was a teenager needing a mentor, when the decedent became sick the resident moved into his home. The resident alleges he was a tenant and had the right to possession because he had the right to purchase the home, but the probate court invalidated that portion of the decedent’s will. The material facts are undisputed that the decedent was a vulnerable adult, and the estate had the standing to pursue the proceedings and to regain the possession of the home. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-212, Categories: settlements, Negligence, Civil Extortion
J. Messitte denies an insurance broker’s post-verdict motion for judgment as a matter of law, a motion for remittitur, and a motion for a new trail in this contract lawsuit brought by an electrical contractor. The court upholds the jury’s verdict and enters the final judgment of $2 million, plus court cost in favor of the contractor.
Court: USDC Maryland, Judge: Messitte, Filed On: May 9, 2024, Case #: 8:21cv1017, NOS: Other Contract - Contract, Categories: settlements, Contract
J. Calabrese grants the parties' joint motion for approval of the class action settlement, ruling the class of stockholders has been adequately represented by competent counsel who worked more than 1,100 hours on the case, while the settlement amount will fairly compensate all members, given the complexity and uncertainty of taking the case to trial.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Securities/Commodities/Exchange - Other Suits, Categories: settlements, Securities, Class Action
J. Corley grants final approval to a $51,000 class settlement with Atlantic Recovery Solutions over alleged unfair debt collection practices. The terms appear fair and include $123,000 in attorney fees.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 9, 2024, Case #: 3:22cv4108, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, settlements, Class Action
J. Thomas finds that trial court properly approved a pharmaceutical student's settlement agreement with the department of health because the student failed to preserve arguments for appeal, and the department acted within its authority. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2829, Categories: Licensing, settlements
J. Lipman grants customers’ unopposed motion for final approval of the proposed settlement in this case involving allegations that Family Dollar stores sold products “contaminated by a rodent infestation.” The proposed settlement was preliminarily approved, and the court now finds that notice to the class members was successful. The court will also deny without prejudice the customers’ motion for attorney fees, based on their failure to comply with certain local rules.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: settlements, Attorney Fees, Class Action
J. Broderick partially declines to approve ExxonMobil's settlement agreement reached with Pennsylvania in this consolidated action over the contamination of groundwater from various energy defendants' use of the gasoline additive methyl tertiary butyl ether. The oil company has not sufficiently explained why, as a matter of law, all monetary damages claims against it in this case are barred, or why Pennsylvania law prohibits natural resource damages.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 6, 2024, Case #: 1:14cv6228, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Environment, settlements, Tort
J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: Family Law, settlements
J. Cogan dismisses an unpaid wages complaint against a company who had settled similar claims in a prior class action. The litigant, one of four class members in the class action, sought to challenge the settlement, claiming it was unfair and did not adequately represent his interests, but the court disagrees, finding he had ample opportunity to either raise objections or opt out of the settlement after notices were sent out to potential members.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: May 1, 2024, Case #: 1:23cv5165, NOS: Fair Labor Standards Act - Labor, Categories: settlements, Class Action, Labor
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: Insurance, settlements