@hawkeye10,
Quote:there was an agreement to pull this dispute out of the courts, which the judge signed off on. You assume that the plaintiff got paid to agree to this, and I have pointed out reasons why such an assumption is unwarranted in this case.
But your reasons, and assumptions, make little sense.
You've already made erroneous assumptions about how a plaintiff would be affected and penalized for her attorney's professional conduct, and you're making implicit assumptions that there was something unsavory about the lawsuit and that the plaintiff was in some kind of jeopardy (like the possibility a defamation suit from Deen) for even instituting the suit, when there is absolutely nothing to support that.
You seem to be determined to prove that the plaintiff was in the wrong, and that she did not benefit from the suit or the settlement, but your arguments are manufactured out of thin air.
The suit was
dropped by mutual agreement.
That means the parties worked out an out-of-court deal--i.e. a settlement--that was agreeable to both sides.
Settlements in suits of this nature involve monetary payments--a monetary award is what the plaintiff was seeking when she lodged the suit. In fact, this plaintiff wanted money in advance, to keep her from filing the suit in the first place.
The defendant in a case like this agrees to a settlement in order to avoid a trial and a verdict/judgment after trial. Paula Deen clearly does not want or need any more negative publicity than she's already been subjected to, and this trial would have brought her more of that, and a possible judgment against her would have been extremely damaging to what's left of her image. She had every reason to pay this woman off now and end the entire matter.
The plaintiff has no logical reason to accept a settlement that does not involve a monetary payment. Money is what this woman has been seeking all along. She has nothing to lose by letting the matter go to trial--she does not have a public image to protect, and, if she lost at trial, she simply would not collect any money. This was not a malicious suit that was lodged without foundation. And Deen's brother admitted to the plaintiff's allegations, so the possibility of her winning a judgment on the sexual harassment claims was fairly good. That's pretty good leverage to use when negotiating a monetary settlement.
Deen's lawyers fought the charges that they could--the racial discrimination charges. And they managed to get that portion of the lawsuit dismissed, not by showing that the charges were baseless or untrue, but by the legal tactic of asserting that the plaintiff lacked the standing to bring such charges into court. It was a successful maneuver that removed the possibility of that portion of the lawsuit from being aired in a courtroom with another round of negative publicity and media attention focused on Deen.
Deen's lawyers weren't able to get rid of the sexual harassment claims that way. The only alternative would have been to let it go to trial--with more public airing of the dirty laundry in Deen's workplaces. These claims regarding sexism, and workplace conditions that are demeaning to women, would likely have further damaged and tarnished Deen's image in the eyes of many women--and women are the main consumers of what this woman sells--and what's left of her fan base might have fallen by the wayside. Deen chose to cut her losses, settle with the plaintiff, and end this case.
And this case was dismissed "with prejudice"--which simply means these claims cannot be filed again at a future date. The matter between Deen and Jackson is settled for once and for all. Paula can finally breathe a sigh of relief that it is finished, done with, behind her.
And, because of a likely confidentiality agreement, you'll never know the terms of the settlement.
But the nice things that Lisa Jackson is now saying about Paula Deen should let you know that she is happy with the outcome, and probably happy about her newly fattened wallet. She had no other reason to agree to a settlement otherwise.