Litigation
Settlement Agreement
Texas
Can settlement agreement details be public?
I recently entered into a settlement agreement with another party and am concerned about the details of the agreement being made public. I am worried that the agreement may contain sensitive information that could be detrimental to my reputation or interests if it were to be shared publicly. I am looking for guidance on the legal implications of the settlement agreement being made public and what, if anything, I can do to protect myself in this situation.
Answers from 1 Lawyer
Answer
Litigation
Texas
J.R. S.
ContractsCounsel verified
Yes, details of a settlement agreement can be made public, especially when a governmental body is involved due to the Public Information or Open Records Act. This act states that the public has a right to access information on government affairs and official acts of public officials and employees unless expressly excepted. However, there are exceptions to this general rule. For instance, disclosure of personnel information that would "constitute a clearly unwarranted invasion of personal privacy" is excepted. This is not to say that all settlement agreements are public. In some cases, parties to a settlement agreement may choose to include confidentiality clauses, which prevent the details of the settlement from being disclosed to the public or any third party. The legal rule for agreements between attorneys or parties touching any suit pending is that they will not be enforced unless they are in writing, signed and filed with the papers as part of the record, or unless they are made in open court and entered of record.
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Your settlement could be limited to claims in the past. It’s effect on future claims will depend on: 1) the limiting language in the settlement agreement, and 2) the nature of the future claim (i.e., whether any part of the claim covered by settlement agreement language).
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Are there caps on damages in settlement agreements?
I am a small business owner who is in the process of settling a dispute with a former employee. The employee is claiming a certain amount of damages, which I believe is excessive. I am interested in finding out if there are any caps on damages that can be included in a settlement agreement, as I would like to come to an agreement that is fair and reasonable for both parties.
Merry K.
In Washington, there are no punitive damages. Employment resolutions are usually based on some percentage or multiple of a person's salary. It is your job to reach a settlement that is fair and reasonable for you, not for a litigant against you (that's their job, not yours). If you are having difficulty resolving this dispute, you may want to consider mediation. Before you pay the employee, be sure to have them sign a full and complete release of all current and future liability and claims against you individually, your business, your heirs; etc. Also, if you have business insurance, it's possible you are entitled to a free attorney to represent you in this dispute.
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I was injured when a Chinese safety product and won my argument.
I bought a safety sling off Amazon (I am Paraplegic) and the first time I used the lifting harness it failed and I fell hitting my foot on the floor and injuring it. After a lengthy investigation I was awarded an $18,000 Settlement Agreement and McLarens did all negotiations for the Chinese Supplier (Vendor of Amazons) and the Wire Transfer was set up for payment. It has been over 100 days since the agreement was made and we still have not been paid. The agent of McLarens on behalf of the Chinese Company (NEFFT) is my only contact and negotiated this settlement with will not return my Email and 5 times she has emailed she says she will contact her Client but I do not hear back from her and have to ask all over again. She has stalled for over 100 days now. What is the time limit for non payment and if so can they be Sued for Breach and bad faith practices and would that qualify for 3 times the amount of Settlement for Breach? Also my injured Foot is getting worse on top of it! Please help if possible?
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I'm so sorry to hear about this. However, you posted on ContractsCounsel in the "question and answer" part of ContractsCounsel - I think you should obtain legal help, and for this, you need to post your request in the "project" area and expect to pay an attorney for help and advice. I'm sorry, I'm unable to answer all your questions - I just dropped in to provide these comments to you. (Also, please do not ask for me for a project, and I am not available for this type of work right now).
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Hello my name is Nezar, immigrant I left the last year 2020, the college always sends me letters in the mailbox and I always think that when I receive the mail every time they are wrong from the main office but I did not think that I will pay the fees, the delay because I dropped the courses late last year, the second semester and then I talked to them and they told me that I took the courses late after about a month and that I have to pay the late fee, and then I understood that the privacy policy is like this?
Sarah D.
Dear Nezar, Most universities and technical colleges have a date by which you must drop a class without incurring the charges for the class--it's called a drop window. Usually that is a 2-4 week period. If you took classes and dropped them late in the semester, it was probably after the drop window for the school. I suggest reviewing the school's policy on dropping classes and trying to speak to someone in authority about negotiating a lower payment or explaining that you did not understand the drop window policy. If you need assistance in negotiating with the school, I am happy to write a letter or advocate on your behalf a settlement. Thanks, Attorney Sarah DeBruin, One Law Group SC, Green Bay, WI, sdebruin@onelawgroupsc.com and phone 920-330-9208.
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