Judicial Review Of The Fairness Of A Derivative Lawsuit Settlement Is Much Like Review Of The Settlement Of A Class Action. Norman v. Strateman, A170356 (1/3 6/20/25) (Petrou, Fujisaki, Rodriguez), involved a cryptocurrency exchange dispute requiring judicial approval of derivative settlements. Donald Norman, Patrick Strateman, and Amir Taaki established Intersango, a cryptocurrency exchange that […]
Liquidated Damages Of $250K Were Reasonable In Proportion To $2.2M Settlement. After an all-day tele-mediation the parties executed a term sheet providing that defendant/cross-complainant would pay $1.6M to plaintiff, and cross-defendant would pay $600K. Defendant/cross-complainant had second thoughts the next day and reneged on payment. Cross-defendant paid $600K. And plaintiff successfully enforced the settlement […]
An Offeree's Acceptance Of A Section 998 Offer Must Be "Absolute And Unqualified" To Form A Binding Settlement. "Absolute and unqualified" did not describe the offeree Says Siri's acceptance of Sutter Home Winery's offer in Says Siri v. Sutter Home Winery [Trinchero Family Estates], A161923 (1/4 8/25/22) (Pollak, Streeter, Goldman). Instead, Siri accepted Trinchero's […]
Read Probate Code §§ 144 – 144. An enforceable marital settlement agreement can lead to a waiver of spousal rights. In Welch v. Welch, B311507 (2/5 5/31/22) (Moor, Rubin, Kim), a husband and wife, anticipating the dissolution of their marriage, entered into a marital settlement agreement (MSA) to distribute their property. The […]
“'Duress by a third person' is the legal label for this contract case." Plaintiff Laura Fettig entered into a settlement agreement, on the record, of her personal injury case. Later, she tried to set aside the settlement agreement, arguing she had only settled under duress caused by her attorney who threatened to abandon her […]
Express Modification Provisions In Volkswagen Class Settlement Agreement Allowed For A Modifying Amendment. Look Sharp Barber Shop sign (painted 1969 Volkswagen), Yuma, Arizona. John Margolies, photographer. Library of Congress. [No, that's not the model involved in the "Clean Diesel" Litigation, but we liked the photo]. The settlement agreement between class action plaintiffs and Volkswagen […]
The Majority Opinion Acknowledges That Parties Can Start High When Staking A Claim. In today's Daily Journal, I have an article about Vargas v. Howell et al., 2020 DJDAR 905 (9th Cir. Feb. 5, 2020), entitled: 'Mechanical' analysis of attorney fees award in civil rights case results in partial reversal'. […]
Useful Advice In An Online Article. A problem sometimes arising in mediation is that while the parties may agree on a settlement amount, the defendant signals it may declare bankruptcy, putting the value of any settlement in doubt. How can bankruptcy risks be minimized in settlement agreements? I found an online article addressing […]
The Trial Judge Thought Something Didn't Seem Right. An opinion from the Second District, Division 6, begins snappily: "Of course, on occasion, a client may not fully appreciate the excellent result achieved by her or his attorney." And of course, the author is Justice Gilbert. Mancini & Associates v. Jason Schwetz, B290498 (2/6 […]
And The Court Explains How The Stipulated Judgment Could Have Been Structured So As To Be Enforceable. "The principal issue in this appeal is whether the stipulated judgment constitutes an unenforceable penalty." Red & White Distribution, LLC, et al. v. Osteroid Enterprises, LLC and cross-complaint, B291188 (2/4 8/9/19) (Currey, Manella, Willhite). Here, "the parties […]