- 17 - quietly. By virtue of Millipore’s manner of discharge, petitioner was humiliated. And petitioner’s mental anguish was so severe that he considered suicide. We are mindful that pursuant to paragraph 3 of the agreement, Millipore denied that petitioner suffered personal injuries or that it bore any responsibility for causing them. In our opinion, this disclaimer is merely boilerplate language; that is, standard operating procedure for a settlement. Although we do not believe that the entire $750,000 was paid for personal injury as recited in the agreement, see infra, we are satisfied that the agreement was in other respects entered into in an adversarial setting, at arm’s length, and in good faith. Hostile negotiations ensued; these negotiations were undertaken in the parties’ good faith belief that they had to either resolve their bona fide dispute or litigate petitioner’s claims. See, e.g., Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994). Millipore wanted to limit its financial exposure. Mr. Nunes took into consideration (a) what it was going to cost Millipore to defend petitioner’s claim, (b) what was the likelihood of Millipore’s losing, and (c) what the maximum cost to Millipore would be if it lost. He was more concerned about the dollar cost to Millipore than the merits of petitioner’s claims. We conclude that, from Millipore’s viewpoint, the $750,000 settlement was partly attributable to a desire to avoid a lawsuitPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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