Settlement FAQs

what is a settlement master

by Florian Greenholt Published 1 year ago Updated 1 year ago
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The settlement master looks for cases which are within his, or her area of legal expertise, such as business litigation, and the legal position of the parties, as expressed in the papers then on file, suggests amenability to settlement.

Full Answer

What is the Master Settlement Agreement (MSA)?

In 1998, 52 state and territory attorneys general signed the Master Settlement Agreement (MSA) with the four largest tobacco companies in the U.S. to settle dozens of state lawsuits brought to recover billions of dollars in health care costs associated with treating smoking-related illnesses.

What is the visa and MasterCard settlement?

The settlement is the result of a class action lawsuit against Visa and Mastercard. Under its terms, Visa and Mastercard will pay between $5.54 and $6.24 billion dollars to businesses that accepted Visa and Mastercard between 2004 and 2019. By settling, the lawsuit will not go to trial.

What is a settlement statement?

What is a settlement statement? A settlement statement is an itemized list of fees and credits summarizing the finances of an entire real estate transaction. It serves as a record showing how all the money has changed hands line by line.

What is a settlement planner?

A settlement planner is a financial advisory team member who can provide advice and assistance in a variety of new ways to design the optimal plan for distribution of plaintiffs' and attorneys' settlement proceeds and to guide the individuals and/or their attorneys through the plan and its implementation.

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What is a Master Settlement Agreement?

A master settlement agreement is a legal contract that helps to resolve multiple disputes among the parties by coming to a mutual agreement on the terms. These can be used in civil law matters, where one party is litigating the same issue in multiple jurisdictions.

Common Sections in Master Settlement Agreements

Below is a list of common sections included in Master Settlement Agreements. These sections are linked to the below sample agreement for you to explore.

Who Helps With Master Settlement Agreements?

Lawyers with backgrounds working on master settlement agreements work with clients to help. Do you need help with an master settlement agreement?

Who is the VSM in the Family Court?

Licensed attorney members of the FLS appointed by the Senior Judge of the Family Court serve as VSMs. A VSM will typically be appointed by the Family Court following a conference conducted in response to a request by one divorcing spouse to set the case for trial. The Family Court may also assign a VSM to address pre-divorce, post-divorce and paternity issues.

What is the VSM process?

The Volunteer Settlement Master process (the VSM process) helps divorcing spouses and unmarried couples with children to resolve their custody and financial issues by making fair and workable agreements with each other, as an alternative to litigating those issues before the Family Court of the First Circuit (the Family Court).

When was the VSM process created?

The VSM process was initially established in 2004 through a collaboration between the Family Court and the Family Law Section (the FLS) of the Hawaii State Bar Association, and it has been successfully utilized by the Family Court ever since. The Mediation Center of the Pacific (MCP) provides administrative support for the VSM process.

How many tobacco companies have settled under the MSA?

Eventually, more than 45 tobacco companies settled with the Settling States under the MSA. Although Florida, Minnesota, Mississippi, and Texas are not signatories to the MSA, they have their own individual tobacco settlements, which occurred prior to the MSA.

What is the purpose of entering into agreements with major retail chains?

Entering into agreements with major retail chains to ensure that retailers comply with state laws setting the minimum age at which tobacco products may be purchased and limiting the quantity and content of tobacco advertising at retail locations.

How does MSA work?

The MSA’s purpose is to reduce smoking in the U.S., especially in youth, which is achieved through: 1 Raising the cost of cigarettes by imposing payment obligations on the tobacco companies party to the MSA. 2 Restricting tobacco advertising, marketing, and promotions, including:#N#Prohibiting tobacco companies from taking any action to target youth in the advertising, promotion or marketing of tobacco products.#N#Banning the use of cartoons in advertising, promotions, packaging, or labeling of tobacco products.#N#Prohibiting tobacco companies from distributing merchandise bearing the brand name of tobacco products.#N#Banning payments to promote tobacco products in media, such as movies, televisions shows, theater, music, and video games.#N#Prohibiting tobacco brand name sponsorship of events with a significant youth audience or team sports. 3 Eliminating tobacco company practices that obscure tobacco’s health risks. 4 Providing money for the Settling States that states may choose to use to fund smoking prevention programs. 5 Establishing and funding the Truth Initiative, an organization “dedicated to achieving a culture where all youth and young adults reject tobacco.”

What is the purpose of the MSA?

The MSA’s purpose is to reduce smoking in the U.S., especially in youth , which is achieved through: Raising the cost of cigarettes by imposing payment obligations on the tobacco companies party to the MSA.

Is the MSA subject to constitutional defenses?

Also, because the contractual requirements of the MSA are in some ways broader than the authority granted to the FDA and are not subject to constitutional defenses, state attorneys general continue to step in where the FDA may be unable to act.

Do tobacco companies have to pay settlements?

Under the MSA, tobacco manufacturers are obligated to make annual payments to the Settling States in perpetuity, so long as cigarettes are sold in the United States by companies that have settled with the States. The NAAG Center for Tobacco and Public Health makes certain such payments are made.

What is settlement planning?

Settlement Planning is a comprehensive holistic approach to helping plaintiffs and their counsel move through the financial transition resulting from a major life event. The financial planning decisions that must be made are unique to each person and transition event. This requires experience, patience, empathy, the ability to break down complexity, to educate through a humanistic process. Settlement planning IS NOT just about selling a product.

Why do you need an expert settlement planner?

Employing an expert settlement planner, or recommending to your adversary that they engage a sett lement planner , may help keep things moving along.

What is the mastery of the legal environment?

Demonstrate a mastery of the legal environment as it relates to planning for the needs of personal injury victims and their families. Demonstrate a mastery of the financial planning environment as it relates to planning for the needs of personal injury victims and their families.

What is a settlement statement?

A settlement statement is an itemized list of fees and credits summarizing the finances of an entire real estate transaction. It serves as a record showing how all the money has changed hands line by line.

Who is responsible for preparing the settlement statement?

Whoever is facilitating the closing — whether it be a title company, escrow firm, or real estate attorney — will be responsible for preparing the settlement statement.

Is a settlement statement the same as a closing statement?

Yes, a settlement statement is the same as a closing statement, though “settlement” is the formal term most likely to be used by the real estate industry.

What is an ‘excess deposit’ at closing?

A particular line item that causes confusion on the seller’s settlement statement is the “Excess Deposit.” What is an excess deposit, and who will receive the funds listed on that line?

What does an impound account do at closing?

At closing the buyer sets up an impound account that allows them to bundle the cost of their mortgage principal, taxes, mortgage insurance, and other monthly costs into one payment. The lender likes this because they can make sure the new owner will keep up to date with all the payments associated with the home.

Does the seller get a closing statement?

Buyers tend to sign the bulk of the paperwork at closing, making some sellers wonder if they will even receive a settlement statement.

What is the settlement for Visa?

What is the Payment Card Settlement? The settlement is the result of a class action lawsuit against Visa and Mastercard. Under its terms, Visa and Mastercard will pay between $5.54 and $6.24 billion dollars to businesses that accepted Visa and Mastercard between 2004 and 2019. By settling, the lawsuit will not go to trial.

Who is eligible to get money from the settlement?

Business owners that accepted Visa and/or Mastercard at any point between 2004 and 2019 are eligible to file a claim.

Will a lawsuit go to trial?

By settling, the lawsuit will not go to trial. Instead, all parties agree to Visa and Mastercard paying the amounts listed above to affected businesses. The Court will weigh in on whether the settlement is fair and reasonable.

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