Winning Through Settlement

Winning Through Settlement

TABLE OF CONTENTS

Chapter 1
OVERVIEW
PAUL G. GARRITY, ESQ.
ADR Solutions, Boston

Chapter 2
GENERAL CONSIDERATIONS IN EVALUATING AND VALUING CASES
J. KENNETH GRIFFIN, ESQ.
Griffin & Goulka, Stoneham

Chapter 3
SETTLING THE CASE
JAMES J. MARCELLINO, ESQ.
BRIAN W. ROBINSON, ESQ.
McDermott, Will & Emery, Boston
PAMELA MANSON, ESQ.
Pellegrini, Seeley, Ryan & Blakesley, PC, Springfield
JAMES E. GRUMBACH, ESQ.
Zimble & Brettler, LLP, Boston

Chapter 4
VALUATION AND SETTLEMENT OF BODILY INJURY CASES
J. MICHAEL CONLEY, ESQ.
Kenney & Conley, PC, Braintree
PETER M. McELROY, ESQ.
Cosgrove, Eisenberg & Kiley, PC, Quincy

Chapter 5
VALUATION AND SETTLEMENT OF WORKERS' COMPENSATION CLAIMS
MARK D. HORAN, ESQ.
Law Office of Mark D. Horan, Mansfield
JAMES W. STONE, ESQ.
Stone & Stone, Needham

Chapter 6
VALUATION AND SETTLEMENT OF BUSINESS DISPUTES
LAURENCE H. REECE III, ESQ.
Reece & Associates, PC, Boston

Chapter 7
VALUATION AND SETTLEMENT OF EMPLOYMENT DISPUTES
LAURENCE H. REECE III, ESQ.
Reece & Associates, PC, Boston

Chapter 8
VALUATION AND SETTLEMENT OF DIVORCE CASES
JOHN A. FISKE, ESQ.
Healy, Fiske, Woodbury & Richmond, Cambridge

Chapter 9
VALUATION AND SETTLEMENT OF MEDICAL NEGLIGENCE CASES
CHARLES J. DUNN, JR., ESQ.
CHRISTOPHER R. LAVOIE, ESQ.
Charles J. Dunn, Jr. & Associates, Boston

Chapter 10
VALUATION AND SETTLEMENT OF MALPRACTICE CLAIMS AGAINST LAWYERS AND DESIGN PROFESSIONALS
TIMOTHY J. DACEY, ESQ.
Hill & Barlow, a Professional Corporation, Boston

Chapter 11
LIENS, PUBLIC BENEFITS AND TRUSTS
HARRY S. MARGOLIS, ESQ.
Margolis & Cohen, LLP, Boston

Chapter 12
CLOSING THE SETTLEMENT
CAROL A. GRIFFIN, ESQ.
Law Offices of Carol A. Griffin, Quincy

Chapter 13
ENFORCEMENT OR RESCISSION OF SETTLEMENT AGREEMENTS
MICHAEL F. CONNOLLY, ESQ.
Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston

TABLE OF CASES

TABLE OF STATUTES, RULES, AND REFERENCES

INDEX

TABLE OF EXHIBITS

EXHIBIT 3A-Sample Written Demand for Disclosure of Policy Limits 3-69
EXHIBIT 3B-Sample Letter Requesting Policy Information from Operator 3-71
EXHIBIT 3C-Sample Letter Requesting Policy Information from Insurance Company 3-73
EXHIBIT 3D-Sample Letter of Representation to PIP Insurer 3-75
EXHIBIT 3E-Sample Letter of Representation to Liability Insurer 3-77
EXHIBIT 3F-Sample Settlement Demand Letter 3-79
EXHIBIT 3G-Sample Written Demand for Relief Pursuant to G.L. c. 93A and G.L. c. 176D 3-85
EXHIBIT 4A-Claims Department Evaluation Materials 4-25
EXHIBIT 4B-Defense Counsel Recommendations and Reports 4-31
EXHIBIT 4C-Sample Settlement Demands 4-41
EXHIBIT 4D-Joint Tortfeasor Separate Settlement Approval 4-59
EXHIBIT 4E-Minor Settlement Approval 4-61
EXHIBIT 4F-Workers' Compensation Settlement Approval 4-73
EXHIBIT 5A-Request for Lump-Sum Conference 5-25
EXHIBIT 5B-Forms to Present at Lump-Sum Conference 5-27
EXHIBIT 5C-Sample Lump-Sum Agreement for Section 36 Benefits 5-35
EXHIBIT 5D-Sample Agreement for Sciarotta Allocation 5-39
EXHIBIT 5E-Format and Instructions for Third-Party Settlement Petition 5-45
EXHIBIT 6A-Settlement Agreement 6-21
EXHIBIT 7A-Settlement Agreement (Employees under 40) 7-23
EXHIBIT 7B-Settlement Agreement (Employees 40 and Over) 7-29
EXHIBIT 8A-A Basic Checklist for a Separation (Divorce) Agreement 8-17
EXHIBIT 11A-42 U.S.C. § 1396p 11-27
EXHIBIT 11B-Sample "(d)(4)(A)" or Under-65 Disability Trust 11-39
EXHIBIT 12A-Release 12-29
EXHIBIT 12B-Release and Settlement Agreement 12-31
EXHIBIT 12C-Confidentiality Agreement 12-37
EXHIBIT 12D-Plaintiff's Assented to Petition for Approval of Claim of Minor Child 12-39
EXHIBIT 12E-Motion for Appointment of Guardian Ad Litem 12-47
EXHIBIT 12F-Report of Guardian Ad Litem 12-49
EXHIBIT 12G-Complaint/Petition for Settlement Approval (G.L. c. 231, § 140C ½) 12-53
EXHIBIT 12H-Joint Petition for Approval of Settlement 12-55
EXHIBIT 12I-Motion for Approval of Settlement Pursuant to G.L. c. 152, § 15 12-57
EXHIBIT 12J-Motion for Approval of Settlement Pursuant to G.L. c. 152, § 15 12-61
EXHIBIT 12K-Petition for Approval of Third-Party Settlement Under G.L. c. 152, § 15 12-65
EXHIBIT 12L-Stipulation of Dismissal with Prejudice 12-69
EXHIBIT 12M-Notice of Satisfaction of Judgment 12-71
EXHIBIT 12N-Motion of Defendant, John Defendant, to Vacate Judgment (Assented to) 12-73
EXHIBIT 12O-Stipulation of Dismissal with Prejudice-Appellate Court 12-75
EXHIBIT 12P-Motion of Defendant, John Defendant, to Vacate Judgment (Assented to) 12-77
EXHIBIT 12Q-Stipulation of Dismissal with Prejudice-Trial Court, on Return from Appellate Case 12-79
EXHIBIT 12R-Third-Party Defendant's Motion for Entry of Separate and Final Judgment on the Third-Party Complaint, Memorandum of Law, and Joint Motion for Entry of Separate and Final Judgment Under Mass.R.Civ.P. 54(b) 12-81
EXHIBIT 12S-Stipulation of Dismissal with Prejudice as to the Defendant, Acme Insurance Company Only 12-87