PTM1: You are correct. Settlements render moot t
Post# of 153903
(Total Views: 652)
Posted On: 06/14/2021 10:56:22 AM
PTM1: You are correct. Settlements render moot the allegations of the parties. None of the parties admit or concede the allegations against them. The court approves the settlement procedurally, but issues no findings on the merits of the parties' claims. (Only in class action settlements is the judge required to approve the settlement as fair.).
Any legal briefs filed by attorneys for the respective parties prior to settlement would relate to a pre trial motion brought by one of the parties. The briefs would include the arguments of counsel relative to the pending motion. The nature of the briefs is analogous to a closing argument at trial. It sets forth the position of an advocate, and will be countered by the opposing party's argument. Relying exclusively on excerpts from one party's brief can be very misleading because you're ignoring the other party's response.
Any legal briefs filed by attorneys for the respective parties prior to settlement would relate to a pre trial motion brought by one of the parties. The briefs would include the arguments of counsel relative to the pending motion. The nature of the briefs is analogous to a closing argument at trial. It sets forth the position of an advocate, and will be countered by the opposing party's argument. Relying exclusively on excerpts from one party's brief can be very misleading because you're ignoring the other party's response.
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