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account of a tort or tort type claim by Mr. D’Amico alleging
personal injuries or sickness.
Moreover, assuming arguendo that petitioners had established
what portion of the $10,000 payment was attributable to the
release, on the instant record, we find that they have failed to
show that any such portion was paid on account of a tort or tort
type claim by Mr. D’Amico alleging personal injuries or sickness.
In this regard, we do not attribute any particular weight to the
general language in section 8 of the settlement agreement, which
appears to be boilerplate, releasing the Company from any and all
claims including, but not limited to, tort claims.6
Finally, assuming arguendo that petitioners had shown what
portion of the $10,000 payment was attributable to the other
6Sec. 8 of the settlement agreement provides that the
release extends
to all rights and claims of every nature and kind
whatsoever, known or unknown, suspected or unsuspected,
past or present, that existed before the execution of
this Agreement, including, but not limited to, all
rights and claims involving race discrimination, sex
discrimination, age discrimination, or discrimination
against persons with disabilities based upon Title VII
of the federal Civil Rights Act of 1964, as amended,
(42 U.S.C. �2000e et seq.), the federal Age
Discrimination in Employment Act, as amended, (29
U.S.C. �621 et seq.) or the federal Americans with
Disabilities Act (42 U.S.C. �12101 et seq.) or similar
state or local statutes, or otherwise and all claims in
tort or contract related to Employee’s employment or to
any acts or omissions of the Company involving
Employee.
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Last modified: May 25, 2011