1:20-cv-01689
W.D.N.Y.Aug 29, 2025Background
- Krystal A. Avant, as administrator of her brother Connell A. Burrell's estate, filed a wrongful death lawsuit against Erie County and others.
- The parties reached a settlement agreement after extensive litigation, with experienced counsel representing both sides.
- Avant sought court approval for the wrongful death settlement and also requested the settlement amount be sealed from public records.
- New York law and local rules require court approval for settlements in wrongful death cases, particularly to ensure fairness for the estate and beneficiaries.
- The court reviewed affidavits from Avant and her counsel, the terms of the settlement, and related fee arrangements.
- The court considered privacy concerns and the interests of Burrell's young son, a beneficiary, when assessing the request to seal the settlement amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Approval of wrongful death settlement | Settlement is in estate’s/bene's best interests | Not opposed | Settlement approved as fair and reasonable |
| Amount of attorney's fees | One-third contingency fee is reasonable | Not opposed | Fee arrangement approved by court |
| Reimbursement of litigation expenses | Standard litigation costs should be reimbursed | Not opposed | Costs and lien reimbursement approved |
| Sealing settlement amount | Privacy, especially for minor beneficiary | Not opposed | Motion to seal granted based on privacy |
Key Cases Cited
- Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132 (2d Cir. 2016) (establishing the presumptive right of public access to judicial records).
- Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (articulating standards for sealing judicial documents and balancing privacy against public access).
- United States v. Amodeo, 71 F.3d 1044 (2d Cir. 1995) (privacy interests of third parties are significant in the sealing analysis).