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First Party Auto / PIP

Motor Vehicle Litigation / March 12, 2012

Court/Case No: U.S. Court of Appeals for the Sixth Circuit / Case No. 11-2213

Tried/Argued Before: Judge

Demand: $1,000,000

Verdict: $17,000

Name of Judge(s): Eric L. Clay, Ronald Lee Gilman, and Jane Branstetter Stranch

Keys to the Case:

In the U.S. District Court, Senior Partner Nathan Edmonds negotiated a $17,000 settlement of this PIP claim where Plaintiff was alleging catastrophic injuries and seeking lifetime attendant care benefits. Plaintiff, who was then represented by counsel, agreed to the settlement on the record. The U.S. District Court entered a Judgment in accordance with the settlement terms as discussed on the record, and dismissed the case. Days later, Plaintiff fired his attorneys and refused to sign the settlement, claiming that his attorneys and the trial judge coerced him into placing the settlement on the record. Plaintiff then appealed from the Judgment, asserting that his case was worth many time more than what he had agreed to accept. In the Sixth Circuit Court of Appeals, Defendant moved to summarily dismiss the appeal on the grounds that Plaintiff had waived his appellate rights by agreeing to the settlement on the record. Plaintiff’s appellate submissions actually stated claims of legal malpractice against his former attorneys, not appealable errors by the trial court. The U.S. Court of Appeals for the Sixth Circuit agreed, granted Defendant’s Motion, and dismissed the appeal.

Defense SW attorney(s) Involved in Case:


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