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a settlement, including attorney fees, in the case of
George Green v. Department of Human Services in the
amount of $13,775,000, contingent on the fact that
acceptance of this amount by George Green constitutes a
complete release by George Green of all claims and
causes of action George Green may have against the
state of Texas arising from the case of George Green v.
Department of Human Services.
Payments were also authorized to other litigants who had
judgments against the State of Texas “according to the terms of a
judgment”. The LBB adopted the proposed budget execution order
on November 15, 1995. On that date, Governor George W. Bush
ratified the order.
Petitioner, the State of Texas, Brothers and Associates, and
King entered into a written Release and Settlement Agreement (the
agreement) dated November 8, 1995. The agreement was contingent
upon action by the LBB to approve the agreement. The agreement
was negotiated by parties with adverse interests and constituted
an arm’s-length transaction. The agreement was drafted by
Augustine and Harry G. Potter III (Potter), a special assistant
attorney general for the State of Texas.
The agreement provided:
1. In Cause No. 480,701, styled George Green v.
Texas Department of Human Services * * *. The State
has agreed to enter into this Release and Settlement
Agreement on the express condition that the State
receive a substantial abatement of the amount of
punitive damages it pays on account of the judgment.
Plaintiff has agreed to compromise the portion of the
judgment attributable to punitive damages in accordance
with the State’s requirements in order to settle all
matters in dispute.
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Last modified: May 25, 2011