Section Newsletters

Articles on Settlements

Top 10 tips for an effective settlement conference By Hon. Anna M. Benjamin Bench and Bar, February 2019 While there are few guidelines for conducting settlement conferences with the judge in civil cases, there are ways to make a settlement conference more effective.
Settling parties (with attorneys) beware! By Michael J. Maslanka Senior Lawyers, February 2017 The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
1 comment (Most recent February 22, 2017)
Good-faith settlement—When to settle By Albert E. Durkin Tort Law, October 2016 A look at the factors all parties must take into consideration when deciding when and how to settle a workers’ compensation case involving a third-party defendant/employer.
Recent legislation regarding settlements By John R. Bailen Tort Law, September 2015 The new legislation pertains to any “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.
Unsettling ruling on settlement agreement: Common provision declared unenforceable as penalty By J. Matthew Pfeiffer Civil Practice and Procedure, October 2008 A recent opinion from the Second District of the Appellate Court of Illinois holds that a clause in a settlement agreement providing for an acceleration of the amount due in the event of a breach thereof without any express reasonable basis for such acceleration constitutes a penalty and, therefore, is unenforceable.
Handling settlement conferences with pro se litigants represented by appointed-counsel under the Settlement Assistance Program and why you should care By Devlin J. Schoop Federal Civil Practice, September 2008 On November 6, 2006, by a General Order of the Court, James F. Holderman, Chief Judge of the U.S. District Court for the Northern District of Illinois, implemented a court-wide program authorizing both district and magistrate judges to appoint counsel to pro se litigants on a limited basis in settlement conferences.
Overcoming some common barriers to settlement By Champ W. Davis Alternative Dispute Resolution, May 2005 There are many roadblocks to the settlement of a legal dispute. Some are created by the lawyers and clients and arise from the tactics chosen by the negotiators or from the different perceptions each side has as to the value of its claims or defenses.
Challenging “good-faith” settlements in Illinois By Melinda S. Kollross Civil Practice and Procedure, March 2003 A good-faith settlement is a prerequisite to the benefits of the Joint Tortfeasor Contribution Act (the "Contribution Act") (740 ILCS 100/2(a)(2000)--to both the settling tortfeasor's right of contribution and that tortfeasor's insulation from liability in contribution to others.
Cashing out the structured settlement By W. Eric Fasking Civil Practice and Procedure, February 2003 An increasing trend in the marketplace is for factoring companies to entice successful personal injury claimants into cashing out structured settlements.
Settlement conferences in the Southern District of Illinois By Gerald B. Cohn Federal Civil Practice, January 2003 Settlement conferences are held approximately 60 days prior to the Final Pretrial Conference.

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