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So what happens when a Civil suit was settled unfairly

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Old 05-26-2012, 10:04 AM
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So what happens when a Civil suit was settled unfairly

Just a question....

I never thought about it much before, but 2 stories in the news on the same day got me thinking.

1. The family of Eton Patz won a civil suit against an imprisoned sex offender. The suit would be vacated if the confession of another man holds up, but what if money had already been paid? Would the money have to be returned? Would there need to be another civil suit?

2. A girl accuses Brian Banks of raping her on school grounds. The minor's mother sues the school system for providing inadequate security. They settle for a 7 figure number. 5 years later the girl recants and says she was never raped. What happens next with the money? DOes the school system have standing to sue? For what?
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Old 05-26-2012, 07:04 PM
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It's a good legal question.

I guess the aggrieved party -- the wrongfully-sued party -- could file a new suit on some grounds seeking the money back. Not sure of the grounds, maybe just a "prima facie tort" alleging wrongful recovery. Or you could just make a motion to vacate the judgment and for return of the money.
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Old 05-26-2012, 07:27 PM
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I am guessing Counter-Suit or Counter-Claim. I would even sue the Lawyers for Legal malpractice.
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