Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

TomSlick

(13,090 posts)
12. Again, that's not how it works.
Thu May 14, 2026, 11:27 PM
Thursday

If the parties to a federal lawsuit reach a settlement, they file a stipulation of dismissal under Rule 41, Federal Rules of Civil Procedure. At that point, the case is dismissed without the need for a court order. I have seen federal judges issue dismissal orders after a stipulation of dismissal but there is no provision under the Rule for the judge to go behind either the stipulation of dismissal or the settlement.

The biggest exception is class action lawsuits. A settlement of a federal class action lawsuit requires the approval of the judge under Rule 23(e), FRCP.

A judge must approve a settlement involving a minor to ensure the minor's interests are being protected.

The problem is that our judicial system assumes an adversarial relationship between the parties. With Trump on one side and Trump's DoJ on the other, the assumption fails. Trump can steal as much of the public fisc as the Trump DoJ will allow.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»Someone must have the gut...»Reply #12