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Tag Archives: settlement

Domestic Relations – Separation Agreement & Property – Settlement – Car Loan – Breach of Contract – Indemnification (access required)

Nix v. Nix Although the defendant-wife did not obtain the advice of counsel before she signed the parties’ separation agreement and property settlement (SAPS), she had the opportunity to do so during the several months she held on to the SAPS prior to signing it. Moreover, she accepted the child support that the plaintiff-husband paid pursuant to the SAPS, implicitly acknowledging that she considered the SAPS to be binding and legally enforceable.

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Trustees of James Brown’s estate don’t feel good about settlement  (access required)

COLUMBIA (AP) — Trustees who say they were unjustly removed from the charitable trust of the late soul singer James Brown urged South Carolina’s Supreme Court last week to strike down the estate settlement. The justices questioned an attorney for former trustees Adele Pope and Robert Buchanan about their contention that then-South Carolina Attorney General Henry McMaster didn’t have the authority to push through the deal that ended years of fighting among Brown’s heirs. Pope and Buchanan asked that the settlement be reorganized by a lower court. The dispute began shortly after the Godfather of Soul died of heart failure on Christmas Day 2006 at age 73. The performer’s death touched off years of bizarre headlines, beginning with his widow Tomi Rae Hynie being locked out of his 60-acre estate and photographers capturing her sobbing and shaking its iron gates, begging to be let in.

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Civil Practice – Class Action – Corporate Merger – Settlement – Standard of Review – First Impression — Attorneys’ Fees (access required)

Ehrenhaus v. Baker We adopt the “fairness, reasonableness and adequacy” standard for determining whether a class action settlement should be approved. We affirm the trial court’s approval of the class action settlement, but we reverse the award of attorneys’ fees and remand for additional findings.

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Kin of woman killed in motorcycle crash settle for $256,200 (access required)

Valuing the wrongful death case off Maxine Sweatt, a 67-year-old technologist at a hospital blood bank, proved difficult for Winston-Salem attorney Eliot Fus. Sweatt died on Oct.10, 2010, after a motor vehicle accident in Surry County. Lakyn Ashli Webb’s vehicle struck Sweatt’s motorcycle from behind, killing Sweatt. Webb later admitted responsibility for a related traffic infraction. Sweatt’s next of kin were a sister and two half-sisters, and they lived in other parts of the country.

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Contract – Settlement – General Release – Other Defendants – Attempted Rescission (access required)

Runnels v. Robinson After buying a house, plaintiff sued the sellers and their real estate agency. Plaintiff settled with the real estate agency and signed a general release of "all" persons. Although plaintiff and the real estate agency attempted to rescind the original release and substitute a more limited release, plaintiff had already released the sellers.

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Attorneys – Tort/Negligence – Personal Injury – Settlement Proceeds – Medical Expenses – Contingency Fee (access required)

T.A. Loving Co. v. Denton. (Lawyers Weekly No. 10-02-0723, 10 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Where the defendant-attorney and his law firm were not signatories to plaintiff’s health-care plan, did not otherwise agree to disburse funds in accordance ...

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