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Tuesday, July 09, 2013

Settlement in the curriculum

One of the sample complaints I give my Civ Pro students is from Mort v. Lawrence County Children & Youth Servs., a § 1983 action brought by a woman whose newborn was taken away by the County after a false-positive drug test (the result of the woman eating an "everything" bagel from Dunkin' Donuts). It's a well-drafted complaint, so very good for illustrating joinder, pleading structure, jurisdiction, and Twiqbal. A student shared with me this report that the case settled for $ 143,000. This is a pretty good sum for a non-physical injury due process claim. And a good reminder to civ pro students that most monetary cases, at least those with well-structured complaints, settle.

Posted by Howard Wasserman on July 9, 2013 at 06:21 PM in Civil Procedure, Howard Wasserman, Law and Politics | Permalink

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Thanks for posting this. I plan to use it in my Federal Courts class.

Posted by: Danielle | Jul 10, 2013 10:36:22 AM

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