Fracking Cracking??? | 21 comments (21 topical, editorial, 0 hidden)

Re: Keep mum (4.00 / 2)

From what I've been seeing going on in Pennsylvania, I'm beginning to wonder if anyone there understands US due process requirements. A settlement is not supposed to be binding on people who lack capacity unless an independent attorney (a guardian ad litem) makes a report to the court that the settlement is in their best interest. I don't know why the judge didn't do that.

by rifek on Sat Aug 10th, 2013 at 04:46:58 PM EST
[ Parent ]

Re: Keep mum (none / 1)

Does that mean the settlement is unenforceable on the children?

Finance is the brain [tumour] of the economy

by Carrie (migeru at eurotrib dot com) on Sat Aug 10th, 2013 at 04:53:11 PM EST
[ Parent ]

Re: Keep mum (4.00 / 3)

I don't know what sort of Bronze Age justice they have in Pennsylvania, but in jurisdictions displaying any form of civilization, you can't bind children without an independent advisor making a report to the court that it's in their best interest.

by rifek on Wed Aug 14th, 2013 at 10:43:50 PM EST
[ Parent ]

Re: Keep mum (none / 1)

It is conceivable that the parties could find, (found?) a guardian ad litem who would decide that their parents receipt of the $750,000 would be sufficiently in the interests of the children's family as to be in the interests of the children as well. It certainly doesn't speak well of the parents that they accepted this provision.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Aug 14th, 2013 at 11:41:04 PM EST
[ Parent ]

Re: Keep mum (none / 1)

A mitigating circumstance for the parents might be a need to sell their property and move for the sake of their children's health.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Aug 15th, 2013 at 12:25:45 AM EST
[ Parent ]

Fracking Cracking??? | 21 comments (21 topical, 0 editorial, 0 hidden)

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