-12- harassment claim, the emotional stress claim, or the assault and battery claim. Rather, the parties agreed that the amount was paid “In consideration for the Release and Covenant Not to Sue given by Employee”. The parties also agreed that the “Settlement is made only to buy peace and to compromise disputed claims, and to avoid the expense and inconvenience of trial.” The nature of the underlying claims cannot be determined by a general release that is broad and inclusive. Taggi v. United States, 835 F. Supp. 744, 746 (S.D.N.Y. 1993), affd. 35 F.3d 93, 96 (2d Cir. 1994). Such a release was included in the agreement in the case before the Court. The agreement released Daimler- Chrysler and all related entities from “any and all known or unknown grievances, disputes, actions, causes of action; * * * claims at law or in equity, or sounding in contract * * * or tort, arising under common law, any federal, state or local statute or ordinance”. This release included age discrimination, disability discrimination, any claims arising from title VII of the Civil Rights Act of 1964, as well as claims regarding wages and overtime and health insurance coverage. Where the agreement does not address “what portion, if any, of a settlement payment should be allocated towards damages excludable under * * * [section 104(a)(2)], the courts will not make that allocation for the parties.” Taggi v. United States, supra at 746. If the “settlement agreement lacks expressPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011