Articles Posted in settlement

11th Circuit Holds that Settlement Amounts may Count as Basis for Bad-Faith Claims
Mehr Fairbanks Trial Lawyers Team

Recently, an 11th Circuit Court in Florida held that when a private settlement constitutes an “excess judgment” under an insurance policy, the insured(s) can use the amount in the settlement to bring a bad-faith claim against their insurer. This decision overturns a previous 2019 decision (which was unpublished) stating that the only method through which…

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North Carolina Court Grants Class Certification and Approves Settlement Amount in ERISA Case
Mehr Fairbanks Trial Lawyers Team

Recently, a Federal Court in North Carolina approved a settlement for over $3 million between a Coca-Cola (Defendant) bottling plant and a class of former employees. The named Plaintiffs brought the action against the Defendant alleging that the company had violated their fiduciary duties by presenting “risky” investment options to ERISA plan holders while additionally…

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