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)
|
|
|