Settlements
Court Finds Defendants Unable To Pay Medicare Lien Directly Because Not Part of Settlement Reached
Plaintiff Walter Cabezas, as administrator of the Estate of Aldemar Cabezas, filed a wrongful death lawsuit following the death of Aldemar Cabezas who was struck by a vehicle owned by defendant Penske Truck Leasing Co. on September 7, 2021. Medicare issued a conditional payment letter to plaintiff, stating that Medicare had identified $62,100.82 in conditional […]
Appellate Division Upholds Trial Court’s Decision That Execution Of A Release Was Essential Term Of The Parties’ Settlement
Plaintiff Ronald Goldstein appealed from a trial court decision order denying his motion to enforce the terms of a settlement that was placed on the record. He also appealed from the trial court’s order granting defendants’ cross-motion to enforce the settlement in accordance with their written settlement agreement. The issue in Goldstein v. Prolong Pharmaceuticals, […]
Plaintiff’s Settlement of Property-Based Claim Against Landlord Found Not to Bar Subsequent Personal Injury Claim
Plaintiff Lourdes Gonzalez had filed a lawsuit against her landlord, defendant 908-910 Washington Street, LLC, alleging various theories of liability, based upon the condition of her apartment. That lawsuit was settled on certain terms which included a general release of any and all claims against the landlord. The issue in Gonzalez v. 908-910 Washington Street, […]
Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement
This matter arose from a dispute over the sale of two nail salons. Defendants PD Nail Corp., CD Nail Corp., Hee Jung Kim, and Sook Hee Kim made a $550,000 down payment and acquired possession of the nail salons, but the sales were not finalized due to the deterioration of the negotiations. Plaintiffs Gold Tree […]
Court Enforces Settlement Agreement Without Insurer Included on Release
Plaintiff Glentina Kupolati sued the Village of Timber Creek Condominium when she slipped and fell on a sidewalk near her home. On the day of trial, the parties’ counsel met to settle the matter with counsel orally agreeing that plaintiff would receive $180,000 and, in return, Kupolati would sign a general release, waiving any claims […]
Appellate Division Rules on Amount of Attorneys Fee Permitted in Lien Reimbursement to Workers’ Compensation Carrier in High Third Party Settlements
There has been a longstanding dispute as to the amount of the attorney’s fee permitted in calculating the lien reimbursement due to the workers’ compensation insurance carrier in high third party settlements (i.e., those that exceed $500,000). This dispute was recently resolved in the reported Appellate Division decision of Liberty Mutual Insurance o/b/o Sabert Corporation […]
Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage
Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]
Court Rules that Settling Co-Defendant Charge Not Appropriate When Defendant Settles Before Trial
In the recent published Law Division decision, Hernandez v. Chekenian, 2016 N.J. Super. LEXIS 133 (Law Div. July 15, 2016), the trial court ruled that when a defendant settles with the plaintiff before the commencement of trial, the remaining defendants are not entitled to the “Settling Defendant charge.” In Hernandez, the judge considered whether it […]
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