-6- that was based simply on Swiden’s lost wages and employment benefits. This proposal was rejected by the plaintiffs. Finally, on September 17, 1999, while in the presiding Judge’s chambers, counsel for the parties to the lawsuit agreed that the defendants would pay a total of $350,000 to the plaintiffs in settlement of the lawsuit, inclusive of attorney’s fees and litigation costs, and that the plaintiffs and their attorneys would have to apportion this amount among them. The record does not explain the mechanics underlying the calculation of the $350,000 payment. Nor did the parties to the lawsuit specifically allocate any portion of that amount to a particular claim raised in the lawsuit. The law firm of Nageley, Meredith & Miller (Nageley) and the Pacific Legal Foundation (Pacific) represented the plaintiffs in the lawsuit. In 2000, the defendants paid the $350,000 to Nageley in its capacity as the trustee responsible for distributing the proper portions of this payment to the plaintiffs and their counsel. Nageley paid itself and Pacific a total of $75,000 of the $350,000 for attorney’s fees and, on the basis of an agreement between the plaintiffs, paid $132,000 to Kidd and the rest ($143,000) to Swiden. Nageley did not withhold any Federal income taxes on the $132,000 payment that it made to Kidd.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011