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ALTERNATIVE DISPUTE RESOLUTION
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Litigation Settlements

(2nd ed. 2001), 441 pp. with forms CD-ROM and 2009 Cumulative Supplement, 222 pp.

Product No. 641/642





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About This Book

"There are only three things a lawyer can do with a lawsuit—try it, settle it, or dismiss it. Generally, lawyers do an excellent job of preparing a case for trial. Generally, lawyers do a mediocre job of preparing a case for settlement."—William H. Sanders, Sr.

Statistics show that 90% of all personal injury cases are settled before trial. Litigation Settlements is a how-to book prepared by Missouri attorneys on the proper procedures for settling cases. It is a convenient nuts-and-bolts guide for preparing closing papers and explains when to settle, why to settle, what methods to use, with whom to settle, and the effect of settling. It even contains a chapter on alternative dispute resolution. The vast majority of cases are settled. This book, which includes sample forms on CD-ROM, is one of the few places an attorney can get information on this important part of practicing law. The 2009 Cumulative Supplement includes coverage of structuring attorney contingency fees and the effect of the 2005 tort reform on joint and several liability, medical malpractice damage caps (non-economic damages), punitive damage caps, and prejudgment interest prerequisites. The supplement includes new sections on the use of focus groups and mock trials, partial settlements when there are both contract and tort claims, the Overhead Power Line Safety Act, prejudgment interest in Chapter 537 settlement cases, qualified settlement funds, and factoring structured settlements.

Table of Contents

Chapter Number

Chapter Name and Authors


1

Overview



Robert L. Langdon and Lawrence B. Grebel


Patrick L. Mickey (Supplement)

2

Evaluation and Settlement of Personal Injury Claims



Stephen F. Meyerkord and Peter B. Hoffman

3

Mary Carter Agreements



Jeffrey W. Bates
Christian L. Faiella (Supplement)

4

Chapter 537 Settlements



Michael W. Manners

5

Wrongful Death



John L. Oliver, Jr.
Derek H. Potts (Supplement)

6

Settlements with Minors and Incompetents



Beth C. Boggs

7

Structured Settlements



Paul L. Redfearn and C. Robert Buckley


B. Colt McClelland (Supplement)

8

Releases



Ronald R. McMillin
Dana L. Frese (Supplement)

9

Liens, Subrogation, and Assignments



Michael G. Berry and Christopher P. Rackers

10

Settlements in Commercial Litigation



William H. Sanders, Sr.
David L. Rein, Jr. (Supplement)

11

Settlements on Appeal



Gerre S. Langton and Adrian P. Sulser

12

Settlement with Missouri Property and Casualty Insurance Guaranty Association



Kevin P. Schnurbusch

13

Enforcement or Rescission of Settlement Agreements



Keith A. Cutler

14

Litigation Settlements in Probate Matters



Heywood H. Davis and Dan C. Sturdevant

15

Alternate Dispute Resolution



Michael S. Geigerman, Robert A. Crowe, Robert D. Litz, Richard L. Routman, Timothy R. Thornton, and Jay A. Daugherty


James R. Keller and James W. Reeves (Supplement)

 



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