-7-
violate his civil rights in connection with case No. CV-N-94-455.
During 1999, petitioner also entered into negotiations to settle
case No. CV-N-94-455 with the bank and certain other defendants.
Petitioner hired an attorney, Kenneth McKenna, to represent him
in the negotiations. Petitioner and Mr. McKenna agreed that
petitioner would pay him a fee of $75,000 for his services if the
negotiations were successful.
In approximately November 1999, petitioner and the bank
signed a “GENERAL RELEASE AND SETTLEMENT AGREEMENT” (the
agreement). The agreement provided:
3.a. Payment to be Made. In consideration of the
settlement of Allum’s claims alleging violation of his
civil rights as asserted in Case No. CV-N-94-445 ECR[6]
and without any other obligation to do so, the Bank
will pay Allum the gross sum of five hundred thousand
dollars ($500,000). * * *
The agreement also stated that “As further consideration and
inducement” petitioner would request dismissal of ongoing Nevada
State litigation and Federal litigation between petitioner and
the defendants7 and that “In exchange for the promises contained
in this Agreement” petitioner would generally release all other
6The parties stipulated that the agreement erroneously
refers to case No. CV-N-94-445 ECR and that the correct case
reference is to case No. CV-N-94-455.
7The Nevada litigation consisted of seven “claims and civil
litigation between Allum, the bank, and others before the courts
of the State of Nevada”. The Federal litigation consisted of
nine “claims and civil litigation between Allum, the bank, and
others before the courts of the United States”, in addition to
case No. CV-N-94-455.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011