Monthly Archives: February 2012

$6.2 Million Settlement for Arrested Protestors

The right to protest

Last week, the City of Chicago agreed to settle with the group of Iraq War protesters who were unjustly arrested in 2003 to the tune of $6.2 million.  The Chicago Tribune reports that an appellate court decided last year that the 800 citizens were detained or arrested without warrant.  Since then, the city and the protesters have been in arbitration to settle the case outside of the court system.  Though the settlement still has to be approved by the city council, it is likely less expensive than continuing to litigate.

The decision marks a stern victory for the First Amendment as well as the Fourth, which protects against unlawful search and seizure.  In the wake of the appellate decision, the City of Chicago has changed its tactics against protesters, as seen in the recent Occupy protests.  Now, the police apparently give the protesters ample time to leave before they are arrested.  The question for the police and the protesters alike is now, “Is that enough to guarantee the first amendment right to assemble?”

$2.5 Million for Family of Crash Victim

Family compensated

According to the New Haven Register, the family of David Servin, a teenager killed in an accident with a police cruiser, have reached a settlement with the city of Milford, Connecticut.  The family will receive $2.5 million to drop the wrongful death civil suit brought against the policeman at the helm of the vehicle, Jason Anderson.  Servin and a friend, Ashlie Krakoski, both 19 years old, were returning home from a party when they were struck by a police car travelling 94 miles per hour.  The now-former policeman was not responding to a call at the time of the accident.  Mr. Anderson still faces two criminal charges of second-degree manslaughter.

Although the two teenagers had been drinking that night and autopsies revealed they were above the legal limit to drive, the settlement shows that a civil trial may have been damaging to the city.  It’s possible that the policeman would have been found culpable for the deaths regardless of the teenagers’ sobriety.  Be careful when on the road, because you never know what’s around the corner.

California Property Owner Wins $24 Million Settlement in Development Case

Real property

The Los Angeles Business Journal reports that a Monrovia city property owner has settled a lawsuit with the state government’s Gold Line Construction Authority.  Gold Line was planning to build a maintenance yard for public transportation vehicles during an expansion of light-rail service.  This yard was to be placed on property that George Brokate of Monrovia owned.  Brokate was originally offered $5.6 million by the company, but filed suit to claim more when he realized a similar property owned by the city of Monrovia was given $57 million.  Gold Line insisted the discrepancy was due to a distinction between publicly- and privately-owned land.  Ultimately, Brokate and Gold Line reached a settlement of $24 million, nearly four times the original offer, to cede the property to the state of California.

“Holding out for more” is sometimes a good strategy when dealing with property transactions, especially when the government is involved.  Brokate had in his possession property that was described as “critical” to the expansion plans.  If you ever come to a business deal involving land or property, be sure to know not only how much it is potentially worth, but also how much money similar property has gone for in the past.  Such research definitely helped Mr. Brokate get the big bucks in this settlement.

Five Largest Mortgage Banks Reach $25 Billion Settlement

Foreclosures ran rampant throughout the country

Last Thursday, the federal government and 49 state attorneys general announced that they have come to an agreement with five large mortgage providers over allegations concerning illegal business practices.  The five banks (Ally/GMAC, Bank of America, Citi, JPMorgan Chase, and Wells Fargo) were accused of a lack of due diligence when creating and signing documents related to foreclosures.  The $25 billion settlement, which guarantees that the case will not go to court, is the largest multistate settlement since the 1998 tobacco industry case.  All states except Oklahoma participated.

It is important to note that, though this marks a major victory for those affected by the mortgage crisis, some individual claims may still be eligible to made against the companies.  To find out how you or your home mortgage can benefit from this settlement, visit the settlement’s web page.