Court holds up settlement

July 30, 2008
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Even though the parties involved in litigation of a wrongful imprisonment suit want to settle after a jury already announced its award, the 7th Circuit Court of Appeals denied a request to throw out the jury award to clear the way for the settlement.

Larry Mayes was convicted and sent to prison in 1980 for a rape that he was later cleared from committing based on DNA evidence. Mayes filed a suit in 2006 against the Hammond Police Department, which allegedly fudged the evidence in order to send Mayes to prison. Mayes won the suit, and a jury awarded him $9 million.

The City of Hammond and Mayes’ attorneys have since agreed to settle the case out of court for half that amount. The catch? The parties can’t settle unless there is an order vacating the jury verdict and the judgment from the 7th Circuit.

The 7th Circuit denied a joint motion July 15 to vacate the jury verdict and judgment and remanded to the U.S. District Court to determine and inform the federal appellate court if the District Court is inclined to vacate the judgment and jury verdict. The 7th Circuit has taken a firm position of denying motions to vacate opinion and judgment of a District Court decision on a condition of settlement on appeal.

In an opinion and order issued July 29, Magistrate Judge Paul Cherry from the Northern District of Indiana, Hammond Division, denied making a decision on whether the District Court would throw out the jury award.

The joint motion only cited one 2006 unpublished 7th Circuit decision that vacated an underlying judgment because the appeal had become moot – not because a settlement was reached.

Magistrate Judge Cherry ordered the parties to file a joint brief on or before Aug. 8 setting forth the laws and facts necessary for the District Court to tell the 7th Circuit whether or not it is inclined to vacate the jury verdict and judgment in the case as a condition of settlement. He encouraged the parties to fully brief the issue of vacatur and not to limit themselves to the issues raised by the District Court in the order.

What do you think? Should settlement be a valid reason for tossing out a jury award and verdict or should parties have to meet “extraordinary circumstances” standards for vacatur as a condition of settlement on appeal, as defined in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 29 (1994).
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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