John Hasler wrote: > > rjack wrote: > > the SFLC dimisses its cases immediately after filing > > Something like 97% of lawsuits in the US are settled out of court.
<http://en.wikipedia.org/wiki/Settlement_(law)> ------ The settlement of the lawsuit defines legal requirements of the parties, and is often put in force by an order of the court after a joint stipulation by the parties. In other situations (as where the claims have been satisfied by the payment of a certain sum of money) the plaintiff and defendant can simply file a notice that the case has been dismissed. The majority of cases are decided by a settlement. Both sides (or the side with fewer monetary resources) often have a strong incentive to settle to avoid the costs (such as legal fees, finding expert witnesses, etc.), associated with a trial, particularly where a trial by jury is available. Generally, one side or the other will make a settlement offer early in litigation. The parties may hold (and indeed, the court may require) a settlement conference, at which they attempt to reach such a settlement. ------ In Verizon case, there was a court requiring *initial* conference and ordering parties to submit statements regarding party's positions on jurisdiction, contested and uncontested facts, contested and uncontested legal issues, settlement prospects, and etc. SFCL moved to delay all that and dismissed the case (without any stipulation of settlement) immediately prior to new deadline. ------ Specific jurisdictions United States Generally, when a settlement is reached in the U.S., it will be submitted to the court to be "rolled into a court order". This is done so that the court which was initially assigned the case may retain jurisdiction over it. The court is then free to modify its order as necessary to achieve justice in the case, and a party that breaches the settlement may be held in contempt of court, rather than facing only a civil claim for the breach. In cases where confidentiality is required by the parties, the court order may refer to another document which is not disclosed, but which may be revealed to prove a breach of the settlement. ------ The court rolled on order the following http://www.terekhov.de/GPLvVerizon/DISMISSAL.pdf That's not a settlement. regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
