In Klein v. Amtrak -- a case in which two trespassing teenagers climbed atop a parked train car and suffered serious burns when they got too close to a 12,000-volt catenary wire -- a team of defense lawyers fighting to overturn a $24 million verdict figured out a way to have their settlement cake and eat their jurisprudence, too. The confidential settlement included an unusual provision that called for the trial judge to vacate all unfavorable published opinions and have them removed from Lexis and Westlaw.
August 19, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Ordinarily, the decision to settle a case while an appeal is pending means giving up the opportunity to set a legal precedent as well as forgoing the chance to win a reversal of any unfavorable published decisions handed down by the lower court.
But a team of defense lawyers fighting to overturn a $24 million verdict have figured out a way to have their settlement cake and eat their jurisprudence, too.
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