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I entered a confidentiality agreement to settle a defamation

issue. One of...
I entered a confidentiality agreement to settle a defamation issue. One of the parties has breached it. The agreement states that I can bring action which I did and that I can recover attorney fees. The original agreement was for money. My position is that I must not have asked for enough money to keep their silence the first time. Should I ask for two, three or five times as much this time. I already have $20,000 in attorney fees and rising.
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Answered in 6 minutes by:
12/5/2012
Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 34,993
Experience: 30 years experience representing clients .
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Thank you for using JustAnswer. I am LawGuy and I will do whatever I can to answer your question.

Demand the maximum and negotiate from there knowing at some point you will need to prove your damages if you are unable to settle and it goes to trial.

LawGuy
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Customer reply replied 4 years ago
It will likely go to jury trial. The judge originally ruled against me. The appellate court found he erred 8 out of 9 times. It is back in the original judges court. That bothers me greatly as I believe judges can control juries. The case contains exposure to the originally sealed case that was filed and sealed due to the claims of everything from homosexual behavior to affairs to bearing children out of wedlock and more. It was sealed to keep the money, terms and these defaming comments out of the public eye. The one item the appeals court allowed was not keeping it private.
If the appellate court ruled against the confidentiality element of the settlement then you would need to appeal that aspect of the case. It would not be grounds to sue unless the confidentiality was enforceable.
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Customer reply replied 4 years ago
Sorry for the misunderstanding - they ruled against keeping it a " John Doe". They agreed that the confidentiality stood.
Then absolutely press your claim. You have every right to enforce the settlement and collect your damages.
Loren
Loren, Attorney
Category: Business Law
Satisfied Customers: 34,993
Experience: 30 years experience representing clients .
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Loren
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