Thursday, December 23, 2021

Harry Dunn Case $ettlement Amount: What's the Over / Under?

We know from public announcements that the two sides have reached agreement on a financial settlement of some kind, and we also know from publicly available court records that there was an initial offer that was rejected. 

We further know that when the Dunn family accepted the final offer they did not understand that their first set of American lawyers would be entitled to a slice of the settlement pie. 

But nothing has leaked out so far as to the actual amount of money on the table. 

The U.S. legal code might give us a hint about how much or how little money could be involved. 28 U.S. Code § 1332 - Diversity of citizenship; amount in controversy; costs tells us that the minimal amount is likely to be $75,000, since that is the least amount that must be involved in order for a U.S. District Court to have jurisdiction in a civil action when dispute is between citizens of different states:
(a)The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between— (1)citizens of different States;
The settlement negotiated by the American driver's insurance company was most likely a good deal more than $75,000, I'm guessing, but it must have been at least that much. 

Then, 28 U.S. Code § 1332 has some irrelevant legal mumbo-jumbo, followed by this most interesting provision:
(b)Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
If I read that right, it means that the Dunn family could, under the right circumstances, end up with nothing and might even be assessed costs. That would go over great with the UK public and government, I'm sure.

Recall that UK financial settlements for fatal road traffic accidents rarely reach more than about $25,000, and that this case is being adjudicated under UK laws. What's more, one and possible two sets of lawyers will have to be paid before the Dunn family sees a penny. 

My best guess is the settlement amount was around $100,000. Even if it was twice that amount, once it gets cut up three ways the Dunn could be walking away with only $75,000. If so, it would be better than they'd have gotten from a UK court, albeit they would have gotten a UK settlement two years ago.

The next court action in the case will take place on January 12 (rescheduled from December 21 due to the holidays) and will address the lawyers' claims on the settlement money.

10 comments:

Anonymous said...

Merry Christmas Sleep,
You too gwb!

Anonymous said...

I meant Skep not Sleep!
Sennacherib

TSB said...

Oh, I realized that. But Sleep sounds really good, too, on these long dark winter days!

A Very Merry Christmas to you, too, and to GWB as well.

Anonymous said...

The answer to the over/under is 42 of course. Seriously, I would guess 125,000, to ensure silence. Something is wrong/strange with this case.
Sennacherib

TSB said...

Silence is assured - in so far as possible - by confidentially agreements, but a little money never hurts. The old set of lawyers, Cohen Milstein, know the amount that they negotiated (but was then rejected by the clients) and they say in one of their publicly available motions that that amount is proof of the monetary value they brought to their c!isn't a and consequently want a third of.

The second set of lawyers negotiated a settlement amount that the clients accepted. What that amount was, we don't know. Neither party has an interest in leaking it. I expect the only real observable indicator will be what kinds of lifestyle changes the Dunns exhibit in the future. Will they buy a LandRover of a Hundai?

Anonymous said...

I believe many more posts on this subject is warranted (gives me a certain sense of security)!!

TSB said...

Anon.,

Oh, there will be many more. In fact, I'm overdue for one tonight or tomorrow to announce the latest court order in the matter of who gets how much money.

Regards

Anonymous said...

Excellent, that gives me that special sense of security (just like a proper supply of BlueBell Ice Cream)!

TSB said...

"Blue Bell"? - is that the fancy brand that Nanny Pelosi has in her expensive refrigerator?

Anonymous said...

No, it's not. It did have trouble some years back with wisteria ( why there was shrubbery in ice cream I'm not sure). A 1/2 gal of cookies and cream makes me forget Nancy with ease.
Sennacherib