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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 9215
Experience:  Since 1983
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Does a federal judge have the authority to prevent a federal

Customer Question

does a federal judge have the authority to prevent a federal pension? The federal pension is based on a settlement from an age discrimination case.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

It would be rare for a judge to set aside the pension agreed to by both parties in settlement of a single (non-class action) age discrimination. This is because both parties are involved the lawsuit and there is no law that mandates the settlement be approved by the court. Judges routinely deny settlements in class action and securities cases where other rights can be affected but they are not in court or represented by a lawyer.

When an unrepresented party is involved in a single person lawsuit the court may review the settlement for fairness to that party, and if he doesn't think it is fair to that party he may reject settlement; the judge can do that under his equitable powers - even though there is no law that specifically mandates (or forbids) he do the same. This is a possibility, but I am not aware of any particular case wherein a judge did this.

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
Thanks John. This is helpful but I am really looking for caselaw that I can cite to for this situation. It involves my father. I am a lawyer myself (admitted to NY Bar in 1999) and so I am trying to help him the best I can but I just don't have all the answers....if there is case that could corroborate the notion that a judge cannot prevent a federal pension (from a settlement in an age discrimination case or any other similar situation) I would love to see it! Thank you very much. Nancy xxxxxx
Expert:  socrateaser replied 1 year ago.

Hello,

Different contributor here. I have comprehensive access to WestlawNext(tm). I can conduct a search of the case law for you. However, I have learned over the eight years during which I have answered questions in this forum, that if my case law research returns either a negative or empty result, that the customer rarely, if ever provides a positive rating -- which means that I don't get paid for my time.

I will be happy to conduct a search using my own abilities (which I believe is pretty formidable, given that I have been a researcher for several decades). Or, if you want to choose the keywords, I'll search on your choices. And, if you wish, I will even printout screenshoots of the results, in the event that I cannot find a positive hit.

What I won't do is engage in a 30 minute exercise in futility, followed by a "thanks, ***** ***** thanks" from a customer, because I believe that it's fair that I be paid for my research time.

In short, if you agree to pay, regardless of the results obtained, I will conduct the research. If not, please let me know, and I will reopen the question for others to assist.

Thanks in advance for your understanding and for using Justanswer!

Customer: replied 1 year ago.
Thank you. I think I will try to tackle it on my own. I appreciate your help! Happy Holidays.
Customer: replied 1 year ago.
Please feel free to reopen the question to others as well. Thank you.
Expert:  socrateaser replied 1 year ago.

If you change your mind, let me know.

Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

Please clarify, was there a Court approved settlement that a different judge is trying to unglue?

Customer: replied 1 year ago.
The settlement was approved by a federal judge overseeing the case involving age discrimination. The setllement is based on 3 years worth of salary. My family member wants to go back in time anf have his his salary recalculated as this will affect the overall settlement amount. The way it was initially calculated by the court is incorrect and based on the wrong number.
Expert:  N Cal Attorney replied 1 year ago.

How long ago did the Court approve the settlement?

Customer: replied 1 year ago.
A long time ago - about 25 years ago! I know this is a tough one. I am a lawyer myself and I am trying to help my father out with this. If I could find a case or two that would support his request for an adjustment of the calculated salary (and settlement), I would be thrilled.
Customer: replied 1 year ago.
BTW - the judge in the case passed away years ago. We did try writing to the agency my father worked for, but they punted it back to him and said no - no changes will be allowed at this point. We also went to our Congressman - no luck. My father now wants to file a lawsuit demanding an adjustment. That's where I come in....I just am not sure how to proceed.