Nick Sandmann Wins Settlement in $275 Million Lawsuit Against CNN

[Steeleballz 7,550]

24 minutes ago, elmcitymaven said:

Surviving a motion to dismiss is analogous to getting an indictment from a grand jury: just like a grand jury will indict a ham sandwich, your attorney has to have a ham sandwich for a brain to get your complaint dismissed. 

 

The standard set out in Iqbal and Twombly is that a complaint should present a plausible claim. Doesn't have to be pleaded with a ton of specificity. That the complaint survived means anything from "this claim is a slam dunk" to "this claim is possible in the grand scheme of things." 

 

Also, most settlements contain confidentiality and nondisparagement clauses. We're unlikely to know what the true settlement figure is. Remember: settlements happen frequently because money is hemorrhaging. It doesn't mean Sandmann would have prevailed at trial, or CNN for that matter. We've settled cases where our clients should have prevailed at trial but everyone got tired of litigating. 

 

File under: who knows. 

 

   Even the assumption people are making that CNN made a settlement offer is presumptuous. It could just as easily have been Sandmann's team coming up with the offer to end the suit.

 

  CNN is ultimately a business. My feeling is many businesses would do the same thing. If they thought they were going to win and spend $50 million to do so, or they had the option to settle for $2 million and end it all now, they are going to choose the latter.

[Voice of Reason 10,298]

46 minutes ago, Steeleballz said:

 

   Even the assumption people are making that CNN made a settlement offer is presumptuous. It could just as easily have been Sandmann's team coming up with the offer to end the suit.

 

  CNN is ultimately a business. My feeling is many businesses would do the same thing. If they thought they were going to win and spend $50 million to do so, or they had the option to settle for $2 million and end it all now, they are going to choose the latter.

Quite right.  Had a family member injured at work many years ago.  Machine failed and peeled the top of his head back.  He wasn't at fault.   Went into litigation for a $50million settlement.

 

A few years later, he settled for (don't remember the exact amount) less than $100k. Got tired of all the hassle and waiting.  To me, that one was a win for the company.  So I see your point about "winning".

[elmcitymaven 9,712]

2 minutes ago, ALFKAD said:

Quite right.  Had a family member injured at work many years ago.  Machine failed and peeled the top of his head back.  He wasn't at fault.   Went into litigation for a $50million settlement.

 

A few years later, he settled for (don't remember the exact amount) less than $100k. Got tired of all the hassle and waiting.  To me, that one was a win for the company.  So I see your point about "winning".

Glad to hear your family member survived, he deserved much more than what he got.

 

Settlements are more often than not disappointing for both sides. My non-fiancé is currently in litigation for getting hit by an Uber driver. To say our lives have changed is an understatement. Trial is currently set for mid-May, but it's likely there will be a settlement before then. His lawyer, a great PI lawyer and a very close friend of mine, thinks the settlement figure is likely to be north of a million, simply based on medical expenses and loss of income. We'll see. Word on the street is that Uber wants these cases settled fast because they're becoming a PR problem that's only growing, and fast settlement can mean more money. Of course,  money doesn't give you your old life back.

 

Back surgery is next Wednesday. Please send thoughts/prayers/meaningful expressions -- I'm pretending not to freak out because the patient shouldn't be the rock.

[Dashinka 24,745]

32 minutes ago, elmcitymaven said:

Glad to hear your family member survived, he deserved much more than what he got.

 

Settlements are more often than not disappointing for both sides. My non-fiancé is currently in litigation for getting hit by an Uber driver. To say our lives have changed is an understatement. Trial is currently set for mid-May, but it's likely there will be a settlement before then. His lawyer, a great PI lawyer and a very close friend of mine, thinks the settlement figure is likely to be north of a million, simply based on medical expenses and loss of income. We'll see. Word on the street is that Uber wants these cases settled fast because they're becoming a PR problem that's only growing, and fast settlement can mean more money. Of course,  money doesn't give you your old life back.

 

Back surgery is next Wednesday. Please send thoughts/prayers/meaningful expressions -- I'm pretending not to freak out because the patient shouldn't be the rock.

I always wondered what happened with that self driving Uber car that killed the woman in Arizona.  That one was settled very fast, 10-11 days.

 

https://www.azcentral.com/story/news/local/tempe/2018/03/29/uber-settlement-self-driving-car-death-arizona/469278002/

[Dashinka 24,745]

6 hours ago, Nature Boy 2.0 said:

Not all of them. I know a few decent lawyers. I know our very own Maven is MDL, but from what she posts, I think she tries to be ethical. Tortfeasing and all 

 

Over in off topic (90 day thread) someone attacked lawyers, and some lawyer got  triggered

Ok, I will concede the Maven is part of Tbone’s 1%.

[Nature Boy 2.0 8,378]

39 minutes ago, elmcitymaven said:

Glad to hear your family member survived, he deserved much more than what he got.

 

Settlements are more often than not disappointing for both sides. My non-fiancé is currently in litigation for getting hit by an Uber driver. To say our lives have changed is an understatement. Trial is currently set for mid-May, but it's likely there will be a settlement before then. His lawyer, a great PI lawyer and a very close friend of mine, thinks the settlement figure is likely to be north of a million, simply based on medical expenses and loss of income. We'll see. Word on the street is that Uber wants these cases settled fast because they're becoming a PR problem that's only growing, and fast settlement can mean more money. Of course,  money doesn't give you your old life back.

 

Back surgery is next Wednesday. Please send thoughts/prayers/meaningful expressions -- I'm pretending not to freak out because the patient shouldn't be the rock.

Good luck with your surgery. I was out 2 months with my neck c567. It wasnt too bad. The rest was actually nice for a change. You having L or T

[elmcitymaven 9,712]

39 minutes ago, Nature Boy 2.0 said:

Good luck with your surgery. I was out 2 months with my neck c567. It wasnt too bad. The rest was actually nice for a change. You having L or T

It's my man who is having the surgery. A discectomy on one of the Ls. His best friend is an RN who's flying in from Denver to tend to him for the four or five days he'll be laid up. Doctors are going to have him walking on Day One, which apparently is what they do now. 

 

If this will bring back my sunny, funny, brilliant boy, it will be worth it. The money is fantastic but not any real compensation for the two years lost to pain. He did ask if he should get the check cashed once he gets his portion and then take semi-nude selfies with him rolling around in Benjamins. It's an idea that might be better in concept than execution. 

Edited January 9, 2020 by elmcitymaven

[laylalex 7,300]

40 minutes ago, Nature Boy 2.0 said:

Good luck with your surgery. I was out 2 months with my neck c567. It wasnt too bad. The rest was actually nice for a change. You having L or T

My dad had similar surgery and was out about 6 weeks -- this must have been about 5 years ago or so. It completely changed his life for the better.

 

4 minutes ago, elmcitymaven said:

It's my man who is having the surgery. A discectomy on one of the Ls. His best friend is an RN who's flying in from Denver to tend to him for the four or five days he'll be laid up. Doctors are going to have him walking on Day One, which apparently is what they do now. 

 

If this will bring back my sunny, funny, brilliant boy, it will be worth it. The money is fantastic but not any real compensation for the two years lost to pain. He did ask if he should get the check cashed once he gets his portion and then take semi-nude selfies with him rolling around in Benjamins. It's an idea that might be better in concept than execution. 

Good luck to your fiance. Surgery is really frightening, but the outcomes for back surgery can be so successful.

[Steeleballz 7,550]

1 hour ago, ALFKAD said:

Quite right.  Had a family member injured at work many years ago.  Machine failed and peeled the top of his head back.  He wasn't at fault.   Went into litigation for a $50million settlement.

 

A few years later, he settled for (don't remember the exact amount) less than $100k. Got tired of all the hassle and waiting.  To me, that one was a win for the company.  So I see your point about "winning".

 

   I can see that Sandmann's team might consider this a win if a settlement was what they hoped for all along. That could be the case. If they never expected to get 275 million, but were just hoping to get something, then in that sense,  I guess they accomplished what they set out to do.  I would still like to see how one of these cases ends up if it goes to trial.

[Ban Hammer 13,492]

36 minutes ago, elmcitymaven said:

It's my man who is having the surgery. A discectomy on one of the Ls. His best friend is an RN who's flying in from Denver to tend to him for the four or five days he'll be laid up. Doctors are going to have him walking on Day One, which apparently is what they do now. 

 

If this will bring back my sunny, funny, brilliant boy, it will be worth it. The money is fantastic but not any real compensation for the two years lost to pain. He did ask if he should get the check cashed once he gets his portion and then take semi-nude selfies with him rolling around in Benjamins. It's an idea that might be better in concept than execution. 

quit breaking his back, caba gurl.

[Crazy Cat 42,150]

Sometimes a case like Sandman vs CNN is settled to avoid discovery.....and I'm quite sure both parties did a risk assessment to determine what damage might come from an in-depth examination before agreeing to a settlement prior to discovery........ 

 

We'll never know......but this guy has an interesting Vlog about it

 

 

[TBoneTX 45,971]

5 hours ago, elmcitymaven said:

your attorney has to have a ham sandwich

So would we guys here; please make us one apiece.

5 hours ago, elmcitymaven said:

Always room for more moolah in there.

Whole lotta tortfeasin' goin' on.

-------

Man pokes his head inside a lawyer's office.  "What do you charge?" he asked.
"$900 for three questions," said the lawyer.

"$900?!  Isn't that quite excessive?" asked the man.

"No," said the lawyer.  "And what is your third question?"

[Voice of Reason 10,298]

Best wishes on the surgery Maven. As well as on the settlement.

[elmcitymaven 9,712]

9 hours ago, Ban Hammer said:

quit breaking his back, caba gurl.

I tried, but red-blooded American he-oxen are difficult to break, even when I bulked up on the Cheetos and bon-bons. Took a green card holder Uber driver to do it right.

 

Immigrants, stealing our jobs!

7 hours ago, TBoneTX said:

So would we guys here; please make us one apiece.

Maven makes too much now to make sandwiches for menfolk. No torta-feasin', as it were. (God, that is a terrible joke -- you may steal it if you wish, TBone.)

[Dashinka 24,745]

3 hours ago, elmcitymaven said:

I tried, but red-blooded American he-oxen are difficult to break, even when I bulked up on the Cheetos and bon-bons. Took a green card holder Uber driver to do it right.

 

Immigrants, stealing our jobs!

Maven makes too much now to make sandwiches for menfolk. No torta-feasin', as it were. (God, that is a terrible joke -- you may steal it if you wish, TBone.)

Steal it, he probably wrote it.