Is it Violation of Constitutional Law if ..

[careers4u100]

This matter arising from Illinois State , a Honorable Judge overlooks , ignores or doesn't read into the terms of settlement agreement and orders the case as settled and dismissed with prejudice where as the settlement agreement is illegal due to omission of important clauses like tax liability . The aggrieved appealed on it with Appellate Court and the appeal accepted . Are the constitutional and fundamental rights of the aggrieved party (which believes the settlement agreement is illegal ) violated in this situation ?

 

[Taxing Matters]

No clue as there isn't sufficient information here. And you don't specify which constitution — federal or Illinois — is the subject of your question. I can tell you that there is nothing in the federal constitution that would make an agreement between two private parties illegal simply because a tax clause was not included. As the case is apparently now before an appellate court, that court will be the best source for an answer to your question.

 

[FlyingRon]

Having things resolved in appellate courts is part of the process. Nothing has been violated by the process. You can't sue courts/judges anyhow even if their decisions were reversed.

 

[careers4u100]

Sir(s) ,
thankyou for revert and agree with you .I cannot sue court or Hon Judge, to that extent ,I appealed before Appellate court contesting the court ignored settlement terms in an out of court settlement agreement which went against the public policy .I am only appealing for review of the order which says case settled and dismissed with prejudice. As aggrieved party I felt the settlement was unfair and hence appealed .Appeal is accepted based on duress ,coercion and public policy violation. Having my firm defenses around coercion ,duress ,and violation of public policy ,I was curious to know if any constitutional violations occurred in this situation .Thankyou for giving clarity on the matter .

 

[careers4u100]

to add few ..
it was circuit court which ordered and I appealed before Appellate Court.
Thankyou.

 

[cbg]

Careers4u100, is your question related to this?

https://forum.freeadvice.com/threads/can-employer-fraudulent-misrepresentation-be-included-in-employment-law-case.659734/

 

[adjusterjack]

Didn't I read someplace that the lawyers from both parties agreed on the settlement and presented it to the court?

 

[careers4u100]

Adjusterjack : True Sir , there was settlement in place , the plaintiff not present anywhere near Illinois and the plaintiff was told by his attorney that the settlement agreement would be registered with the circuit court , but doesnt happen leaving to the incident that the settlement agreement is or never would be part of the record on appeal.I appealed by motion to supplement record but Appellate court denied .

cbg : True Madam, atlast the case got settled , I received settlement amount ,wire transferred by attroney from his settlement fund account to my bank account in India , I engaged lawyer on a contingency fee basis.

 

[quincy]

Adjusterjack : True Sir , there was settlement in place , the plaintiff not present anywhere near Illinois and the plaintiff was told by his attorney that the settlement agreement would be registered with the circuit court , but doesnt happen leaving to the incident that the settlement agreement is or never would be part of the record on appeal.I appealed by motion to supplement record but Appellate court denied .

cbg : True Madam, atlast the case got settled , I received settlement amount ,wire transferred by attroney from his settlement fund account to my bank account in India , I engaged lawyer on a contingency fee basis.

From your previous thread, I understand you are an associate of the original plaintiff in the Illinois wage case and you were never personally involved in the legal action. Is this still true?

If you (or the original plaintiff) have an attorney, it is from this attorney that you should be seeking all answers.

 

[Zigner]

cbg : True Madam, atlast the case got settled , I received settlement amount ,wire transferred by attroney from his settlement fund account to my bank account in India , I engaged lawyer on a contingency fee basis.

You are a liar. In your earlier thread, you stated that you are an "associate to plaintiff". Since you are not the plaintiff, you did not engage the lawyer, nor did the money fund your account.

Iam associate to plaintiff

 

[quincy]

You are a liar. In your earlier thread, you stated that you are an "associate to plaintiff". Since you are not the plaintiff, you did not engage the lawyer, nor did the money fund your account.

Something does sound off.

 

[careers4u100]

Sir, please dont be so harsh on me.Please read all communications from me or anyone associated as aggrieved party, plaintiff in the case .Plaintiff fought the case pro se until 2015, when the Final Decision and Order issued by ARB as you are aware.Later demand letter was sent to Defendant seeking judgement amount. Defendant never responded to it and Plaintiff filed case with Circuit Court IL , .The Hon Judge struck of the case for want of prosecution .It was for the same reason that I couldn't engage a lawyer due to my poor financial health.Circuit court clerk suggested an attorney .I told this attorney that I couldn't pay him upfront and the deal would be on contingency basis , a ratio on whatever the money recovered from Defendant.In year 2016 the case got reinstated and the same attorney handled the case until settlement .So, out of settlement money received from Defendant, attorney took his ratio of money and the rest was transferred to my bank account in India .Hope I clarified the matter Sir .
Thankyou.

 

[quincy]

Sir, please dont be so harsh on me.Please read all communications from me or anyone associated as aggrieved party, plaintiff in the case .Plaintiff fought the case pro se until 2015, when the Final Decision and Order issued by ARB as you are aware.Later demand letter was sent to Defendant seeking judgement amount. Defendant never responded to it and Plaintiff filed case with Circuit Court IL , .The Hon Judge struck of the case for want of prosecution .It was for the same reason that I couldn't engage a lawyer due to my poor financial health.Circuit court clerk suggested an attorney .I told this attorney that I couldn't pay him upfront and the deal would be on contingency basis , a ratio on whatever the money recovered from Defendant.In year 2016 the case got reinstated and the same attorney handled the case until settlement .So, out of settlement money received from Defendant, attorney took his ratio of money and the rest was transferred to my bank account in India .Hope I clarified the matter Sir .
Thankyou.

This is not your legal matter. I don’t know how or why you are the one receiving settlement funds for the plaintiff.

 

[adjusterjack]

Honorable Judge overlooks , ignores or doesn't read into the terms of settlement agreement

Nothing wrong with that. All he needs to know is that the parties reached a settlement.

orders the case as settled and dismissed with prejudice

Nothing wrong with that either. That's exactly what should happen when a case is settled.

the settlement agreement is illegal due to omission of important clauses like tax liability .

Nothing illegal about that. A settlement agreement can be one sentence "We pay you $$$, you go away."

The aggrieved appealed on it with Appellate Court and the appeal accepted .

Aggrieved about what? What, exactly, are you saying to the appeals court and what, exactly, do you want done?

Are the constitutional and fundamental rights of the aggrieved party (which believes the settlement agreement is illegal ) violated in this situation ?

What rights are you talking about? You had a right to take your case to court. You did. You settled. You got paid. I'm gonna say no to that question.

I appealed before Appellate court contesting the court ignored settlement terms in an out of court settlement agreement which went against the public policy

How, exactly, did it "go against public policy"?

As aggrieved party I felt the settlement was unfair

But you settled and got the money.

Having my firm defenses around coercion ,duress ,and violation of public policy

Though you might have felt compelled to accept the settlement money I seriously doubt that any of that actually happened. Nobody put a gun to your head.

So, out of settlement money received from Defendant, attorney took his ratio of money and the rest was transferred to my bank account in India .Hope I clarified the matter Sir .

Yes, you settled, you got the money.

What are your grounds for appeal? What do you say that the judge did wrong? What is it that you want fixed.

 

[quincy]

Nothing wrong with that. All he needs to know is that the parties reached a settlement.



Nothing wrong with that either. That's exactly what should happen when a case is settled.



Nothing illegal about that. A settlement agreement can be one sentence "We pay you $$$, you go away."



Aggrieved about what? What, exactly, are you saying to the appeals court and what, exactly, do you want done?



What rights are you talking about? You had a right to take your case to court. You did. You settled. You got paid. I'm gonna say no to that question.



How, exactly, did it "go against public policy"?



But you settled and got the money.



Though you might have felt compelled to accept the settlement money I seriously doubt that any of that actually happened. Nobody put a gun to your head.



Yes, you settled, you got the money.

What are your grounds for appeal? What do you say that the judge did wrong? What is it that you want fixed.

It is not his case. The plaintiff is in India and is a friend/associate of careers4u100.