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(Miami Herald)   Good news: You won your age discrimination lawsuit. Bad news: You lost $80,000 settlement by violating its confidentiality clause. Fark: Because your daughter bragged about settlement funding her European vacation on Facebook   (miamiherald.com) divider line 36
    More: Florida, age discrimination, Gulliver Schools, Facebook, European Vacation, Gulliver, lawsuits, legal settlements, clauses  
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7874 clicks; posted to Main » on 28 Feb 2014 at 5:25 PM (24 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2014-02-28 05:36:48 PM
8 votes:

LZeitgeist: Did the school's lawyers have the daughter sign the confidentiality agreement? Since she was being directly affected by the events and outcome, they should have had her sign as well, but they didn't.

Suck it, school - pay up!


Nice try, but her father broke the agreement by telling her.
2014-02-28 06:51:12 PM
5 votes:

Debeo Summa Credo: Baz744: Debeo Summa Credo: sheep snorter: "Daddy? Where did you get all this money from for my European vacation?"

"I, Uh, Oh, drug dealing. OK, are you happy now."

/farked up 'confidentiality agreement' is farked up.
//Never sign one, you ignorant f*cks.

Hey, he was getting $80k for farking free from a nuisance lawsuit. A free $80k is worth signing an NDA.

Defendants don't pay out $80,000 settlements on "nuisance suits." This was a claim with merit.

Also: if it was a "settlement" nobody "won" the lawsuit. It never went to trial because it was resolved out of court.

It's an age discrimination suit. By definition its a nuisance lawsuit.

The school paid to avoid the risk of a jury giving him more, and asked that he sign an NDA. If he didn't want to sign the NDA, he was free to go to court.

Anyway, in the end justice seems to have been served here. Other than the school having to pay the lawyer fees.


Wikipedia redirects from "nuisance lawsuit" to "frivolous litigation." It in turn defines "frivolous litigation" as: "the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won."

This Harvard paper proposing a solution to the problem of nuisance suits defines "nuisance suit" as: "a legal action in which the plaintiff's case is sufficiently weak that he would be unwilling to pursue it at trial."

Neither of these definitions comport with your usage, which in effect describes "all lawsuits." One of the principle incentives for defendants to settle in most cases is that the jury might award more than what the plaintiff is willing to settle for.

I know you are a Republican. I know it infuriates you that laws sometimes compel you to act in accordance with the dictates of public morality instead of private financial interest. I know you think you should have the right to fire someone any time you want, for whatever reason you want, ranging from refusal to give you a blowjob to race to age.

What you need to recognize, though, is that your anger doesn't reflect a flaw in the system, but rather a defect in your own character. The system isn't bad. You are.
2014-02-28 05:43:26 PM
5 votes:
"Here's a huge windfall of cash.  You can't tell your family about it.  Sign here."

NDAs are pure bullshiat.  I dont care if they're legal.  They are unmitigated horseshiat.
2014-02-28 05:43:07 PM
3 votes:
I don't really care about the case -- other than it sucks to have something ganked away by lawyers.
Lawyers are awful, soulless subhuman evil parasites.

cdn2-b.examiner.com
2014-02-28 05:42:06 PM
3 votes:
This family learned a valuable lesson... Keep your mouths shut.
2014-02-28 05:26:44 PM
3 votes:
She must feel awful. Time to post a status on facebook.
2014-02-28 05:25:27 PM
3 votes:
Congrats Dana, you're out of the family. No more trip, no college help, no more Christmases.


/that's how I'd handle it.
2014-02-28 05:51:48 PM
2 votes:

sheep snorter: "Daddy? Where did you get all this money from for my European vacation?"

"I, Uh, Oh, drug dealing. OK, are you happy now."

/farked up 'confidentiality agreement' is farked up.
//Never sign one, you ignorant f*cks.


Hey, he was getting $80k for farking free from a nuisance lawsuit. A free $80k is worth signing an NDA.
2014-02-28 05:43:51 PM
2 votes:
Such clauses in settlements should be banned because they are blatantly unconstitutional.
2014-02-28 05:39:05 PM
2 votes:

LZeitgeist: Did the school's lawyers have the daughter sign the confidentiality agreement? Since she was being directly affected by the events and outcome, they should have had her sign as well, but they didn't.


The daughter learned of the confidential agreement because he told her. He blew it.
2014-02-28 05:33:24 PM
2 votes:
Did the school's lawyers have the daughter sign the confidentiality agreement? Since she was being directly affected by the events and outcome, they should have had her sign as well, but they didn't.

Suck it, school - pay up!
2014-03-01 04:19:16 AM
1 votes:
He's not just out the 80k, now he has to pay his lawyers. He's out about $150k that the school was gonna pay.

That's not including the lawyers fees from the appeals.
2014-03-01 02:43:38 AM
1 votes:
lh3.ggpht.com
2014-02-28 09:00:40 PM
1 votes:
ftfa: Dad is 69 and this 'genius' daughter of his is in high school.

And we just had that link re: how children of old dads are subpar?... there's your proof.
2014-02-28 08:53:29 PM
1 votes:

Warlordtrooper: Such clauses in settlements should be banned because they are blatantly unconstitutional.


Except they're blatantly not.

Under the laws of practically everywhere, settlement offers and deals cannot be subsequently used in any litigation. So such clauses prevent both sides from later whipping out such agreements and saying "But you settled with Joe Schmoe for $80K in THAT case, why won't you agree to $80K for MY client in THIS case you sleazy cheap piece of garbage?!?" Settlement arrangements need to be confidential so that sleazy cheap companies will be encouraged to settle without fear that their settlements will be used against them later in court by other litigants.

Sorry, you lose this round.
2014-02-28 08:07:19 PM
1 votes:

Theaetetus: LZeitgeist: Tillmaster: LZeitgeist: Did the school's lawyers have the daughter sign the confidentiality agreement? Since she was being directly affected by the events and outcome, they should have had her sign as well, but they didn't.

Suck it, school - pay up!

Nice try, but her father broke the agreement by telling her.

TFA says that the daughter was being directly affected by the events at school since she attended there - how could they legally be forced *not* to tell her?

They could legally be forced not to tell her because they voluntarily signed a contract in which, in exchange for $80k, they agreed not to tell her or anyone else about the case. They broke that contract, therefore, they do not get the agreed-upon payment.

[www.quickmeme.com image 625x468]


These seems to be the parts that people are having a hard getting their brains around:
1) "they voluntarily signed a contract" (there were no guns aimed at his head, etc.)
2) "They broke that contract" (he did not do what he said he would do, thus, the other side doesn't have to do what it said it would do)
 Oh yeah, and now, the sad trombone, please!
2014-02-28 08:05:04 PM
1 votes:

RyansPrivates: StopLurkListen:
Lawyers are awful, soulless subhuman evil parasites.

[cdn2-b.examiner.com image 420x250]

...except when you need one.

Listen, I hate frivolous and unnecesary lawsuits too.  But it's an easy punchline to say "farkin lawyers, yeah!"  But without lawyers and their silly lawsuits, we wouldn't have: desegregated schools (Brown v. Board of Education), legal blowjobs (Lawrence v. Texas), Miranda v. Arizona and countless others.

/Not a lawyer
//not related to one


------------------------------------------

If there were no lawyers, you wouldn't need one.  The same cannot be said for most other professions.
2014-02-28 06:56:27 PM
1 votes:
Just sell the rights to your story and make a movie or book out of it. They'll easily make that paltry $80k back and make that company look like asses. win-win
2014-02-28 06:48:47 PM
1 votes:

Geotpf: StopLurkListen: I don't really care about the case -- other than it sucks to have something ganked away by lawyers.
Lawyers are awful, soulless subhuman evil parasites.

[cdn2-b.examiner.com image 420x250]

Um, keep in mind that they only got the settlement in the first place due to lawyers.


And that they signed off on the settlement rather than actually pursuing and winning the case in court, in which case they could have talked about it as much as they wanted. Keeping the settlement secret seems a fairly reasonable restriction given that the general perception of a settlement is that the party settling must be guilty, which largely leads to settlements often being pointless unless such restrictions are allowed.
2014-02-28 06:19:02 PM
1 votes:

Debeo Summa Credo: sheep snorter: "Daddy? Where did you get all this money from for my European vacation?"

"I, Uh, Oh, drug dealing. OK, are you happy now."

/farked up 'confidentiality agreement' is farked up.
//Never sign one, you ignorant f*cks.

Hey, he was getting $80k for farking free from a nuisance lawsuit. A free $80k is worth signing an NDA.


Defendants don't pay out $80,000 settlements on "nuisance suits." This was a claim with merit.

Also: if it was a "settlement" nobody "won" the lawsuit. It never went to trial because it was resolved out of court.
2014-02-28 06:17:09 PM
1 votes:

downstairs: I bet both parties were allowed to say "we've settled for an undisclosed sum". He should have told his daughter that...


According to TFA he told her even less than that.

Context matters, though.  If he said "we're happy with the outcome WINK WINK" to her while drinking champagne and gesturing towards a stack of hundred dollar bills, that sounds like a legitimate NDA violation.
2014-02-28 06:14:43 PM
1 votes:

Debeo Summa Credo: sheep snorter: "Daddy? Where did you get all this money from for my European vacation?"

"I, Uh, Oh, drug dealing. OK, are you happy now."

/farked up 'confidentiality agreement' is farked up.
//Never sign one, you ignorant f*cks.

Hey, he was getting $80k for farking free from a nuisance lawsuit. A free $80k is worth signing an NDA.


or they really did discriminate against him and said $80k is easier than a nasty public lawsuit.

/now that it's out I wonder if other people will realize they have a case.
//NDA's are bs, how many killer doctors are out there now because the hospital shut up the victims?
2014-02-28 06:14:29 PM
1 votes:

God-is-a-Taco: Oh and for the record, if I had a daughter in that situation I would have told her


I wouldn't personally.  Heck, me and my wife keep certain work stuff from each other because its just not right for me or her to know.  And neither of us do anything remotely important from a legal standpoint.  She does payroll and accounting for a small business.  I know most of the people that work there.  Its not my business to know what they make... who makes more... etc.

BTW... I bet both parties were allowed to say "we've settled for an undisclosed sum".  He should have told his daughter that... told her it would be foolish to tell anyone anything... and here's some money for your vacation.
2014-02-28 06:13:38 PM
1 votes:

Warlordtrooper: weapon13: This family learned a valuable lesson... Keep your mouths shut.

Perhaps if the school did't want people to know they discriminated based on age, then instead of trying to silence people they should perhaps not discriminate by age.


I'm not cheering for the school, what they did was wrong. What I'm trying to say is that some NDAs are pure BS but they are legal. Come on, If you were in that situation, would you sign, keep your mouth shut and get $80,000 or tell everyone and get $0?
2014-02-28 06:09:56 PM
1 votes:

the ha ha guy: sheep snorter: "Daddy? Where did you get all this money from for my European vacation?"
Try reading TFA again:

FTFA: Alone, it's unlikely confiding in Dana Snay would have jeopardized the settlement. But having just graduated from Gulliver, she took to social media to crow - the European vacation was just a joke, apparently - and in doing so broadcast to current and former students of the school that Gulliver had just lost its case with its former headmaster.

There was no vacation in the first place, the dipstick literally made the whole vacation thing up just as an excuse to intentionally violate the confidentiality agreement.


says on the yahoo page quoting this she wrote:
However, Snay's daughter, Dana, now at Boston College and a part-time Starbucks barista, couldn't resist bragging about the case on Facebook. "Mama and Papa Snay won the case against Gulliver," she wrote. "Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."
2014-02-28 06:04:05 PM
1 votes:

sheep snorter: //Never sign one, you ignorant f*cks.


Speaking as an ignorant f*ck, I'd sign one if it meant an 80 K payout. I'd probably even live up to the terms. That's just how us f*cks roll.
2014-02-28 06:03:12 PM
1 votes:
Oh, and never talk about money, especially with your children.
2014-02-28 06:02:18 PM
1 votes:

The Flexecutioner: "Here's a huge windfall of cash.  You can't tell your family about it.  Sign here."

NDAs are pure bullshiat.  I dont care if they're legal.  They are unmitigated horseshiat.


That's what I was thinking. How the hell else do you explain it?
2014-02-28 05:57:56 PM
1 votes:

Anayalator: I didn't know you could take a European vacation on Facebook. Sounds sucky.



You don't even need Facebook. Here's a trip to France.
www.bundyology.com
2014-02-28 05:49:50 PM
1 votes:
I mean, the daughter did not reveal the amount of the settlement, but really... not even being allowed to tell you settle a case is kinda screwed up.
2014-02-28 05:48:51 PM
1 votes:
Dear God it's getting dumb in here.....
2014-02-28 05:47:57 PM
1 votes:

weapon13: This family learned a valuable lesson... Keep your mouths shut.


Perhaps if the school did't want people to know they discriminated based on age, then instead of trying to silence people they should perhaps not discriminate by age.
2014-02-28 05:47:32 PM
1 votes:
"Daddy? Where did you get all this money from for my European vacation?"

"I, Uh, Oh, drug dealing. OK, are you happy now."

/farked up 'confidentiality agreement' is farked up.
//Never sign one, you ignorant f*cks.
2014-02-28 05:46:30 PM
1 votes:
By the way, 1200 friends on Facebook?

That's ridiculous. Do people just accept/send invites to anything with a pulse?
2014-02-28 05:42:48 PM
1 votes:
God-is-a-Taco:
The daughter learned of the confidential agreement because he told her. He blew it.

Oh and for the record, if I had a daughter in that situation I would have told her . It's his fault for being ignorant of the child he raised.

Also, the dude is 69 with a daughter in that was just in gradeschool. I won't feel bad for him and his young trophy wife.
2014-02-28 05:29:31 PM
1 votes:
Guess you're not going to Europe. Suck it
 
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