ADMINISTRATIVE SETTLEMENT AGREEMENT & ORDER on CONSENT for RIFS SIGNED V W 07 C 861 DocID Epa Form
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FAQs
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Can a lawyer sign an out of court settlement on behalf of a client and refuse to show the client the actual settlement agreement?
I can’t imagine the lawyer signing a settlement agreement that binds the client without also showing it to the client. I wouldn’t sign settlement agreements without my client’s countersigned signature, or at least a written authorization for me to sign on his behalf with full agreement as to all terms. (Some of my clietns were outside the country).Ana tourney that can’t show client’s full acceptance of the settlement agreement and all material terms is risking a malpractice action. -
How do I file for individual payments from the Tobacco Master Settlement Agreement? I live in Michigan.
In most States (49 of them in fact) the MSA funds go directly to the State, and are used for whatever purpose they wish. In theory the money is for treating ill smokers and funding local tobacco control - but as often as not it goes into whatever they have a current financial problem with, such as funding the State employee pensions. Indeed, the impression is that less than 2% of the MSA funds, overall, are assigned to their original purpose.In States that did not sign up to the Master Settlement Agreement, individual smokers (or their surviving families or estates) have successfully sued a cigarette manufacturer, sometimes as individuals and sometimes in a class action. Recent cases include Florida’s Robinson/RJR case, which resolved to a $17m award. Florida has several cases outstanding, more on that here: Tobacco giants settle smoking lawsuits for $100M. Some of these cases can be found by searching ‘tallahassee tobacco suit’ and similar.These cases are often called ‘Engle cases’ after an early litigant.Michigan signed the MSA in 1998 so I don’t see any way in which a resident can claim. -
As the company, how do I correctly fill out a Stock Power as part of a stock purchase agreement?
The Stock Power in question evidently is an exhibit to a Stock Purchase Agreement by which the OP is purchasing restricted stock that is subject to forfeiture or repurchase by the company, entirely or in part, probably based on how long the OP continues to work with the company.Yes, just signing is the proper thing to do (from the company’s perspective) because at this time it is not known whether, or to what extent, the OP’s shares will be subject to forfeiture or repurchase.So, if and when the time for forfeiture or repurchase arrives, the company will fill in the rest of the Stock Power to transfer the forfeited or repurchased shares to the company - you will keep the shares that have vested as of that time.For the OP’s comparison, and for the benefit of Quorans who are not familiar with such Stock Powers, here is the text of the instructions that I put at the bottom of a Stock Power:(Instruction: Please do not fill in any blanks other than signing at the signature line. The purpose of this Stock Power is to enable the Company to exercise its right to reacquire Restricted Shares in the circumstances provided in the Restricted Stock Agreement without requiring an additional signature by the Grantee.)
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