So what happens when a Civil suit was settled unfairly

Discussion in 'Law and Justice System' started by samjones, May 26, 2012.

  1. samjones
    Offline

    samjones Member

    Joined:
    Dec 7, 2011
    Messages:
    585
    Thanks Received:
    22
    Trophy Points:
    16
    Ratings:
    +22
    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?
     
    • Thank You! Thank You! x 1
  2. William Joyce
    Offline

    William Joyce Chemotherapy for PC

    Joined:
    Jan 23, 2004
    Messages:
    9,448
    Thanks Received:
    1,107
    Trophy Points:
    153
    Location:
    Caucasiastan
    Ratings:
    +1,144
    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.
     
  3. KissMy
    Offline

    KissMy Free Breast Exam

    Joined:
    Oct 10, 2009
    Messages:
    10,401
    Thanks Received:
    1,813
    Trophy Points:
    192
    Location:
    In your head
    Ratings:
    +1,962
    I am guessing Counter-Suit or Counter-Claim. I would even sue the Lawyers for Legal malpractice.
     
  4. waltky
    Offline

    waltky Gold Member Supporting Member

    Joined:
    Feb 6, 2011
    Messages:
    12,147
    Thanks Received:
    855
    Trophy Points:
    142
    Location:
    Okolona, KY
    Ratings:
    +927
    Former suspect to be called as witness in Etan Patz murder case...
    :confusion:
    Patz case defense wants earlier suspect as witness
    Oct 25,`13 -- The man charged with killing a 6-year-old boy who disappeared in 1979 is securing an unusual witness in his defense: a convicted Pennsylvania child molester who was long the prime suspect.
     

Share This Page