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BRYAN v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH

No. 12-4623.

752 F.3d 316 (2014)

Paul BRYAN; Bonnie Bryan, Husband and Wife, individually and as Parents and Natural Guardians on behalf of their minor child, KB, and KB, Kenneth Bryan v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH; Paul Cancilla, individually and as an employee of Erie County Office of Children and Youth; Carmen E. Merritt, individually and as an employee of Erie County Office of Children and Youth; Renie Skalko, individually and as an employee of Erie County Office of Children and Youth; Cindy Baxter, individually and as an employee of Erie County Office of Children and Youth; Cindy Lewis, individually and as an employee of Erie County Office of Children and Youth; Brigette Sullivan, individually and as an employee of Erie County Office of Children and Youth; John Petulla, individually and as an employee of Erie County Office of Children and Youth DPW Bureau of County Children and Youth Programs, Cindy Baxter and Renie Skalko, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 20, 2014.

Attorney(s) appearing for the Case

Pamela V. Collins , Walsh, Barnes Collins & Zumpella, Pittsburgh, PA, Barbara S. Magen , Sheila A. Haren [Argued], Post & Schell, P.C., Philadelphia, PA, for Appellants.

Jay Paul Deratany [Argued], Chicago, IL, Jeffrey G. Mashni , Morton Grove, IL, Timothy D. McNair , Erie, PA, for Appellees.

Before: FUENTES and FISHER, Circuit Judges, and STARK, District Judge.

OPINION

FUENTES, Circuit Judge.

In the midst of trial in the District Court, the parties agreed to a high-low settlement. Regardless of the verdict, the Bryan family was to receive at least $900,000. And regardless of the verdict, defendants Cindy Baxter and Renie Skalko were to pay no more than $2.7 million. So when the jury returned an $8.6 million verdict for the Bryans, Baxter and Skalko tendered $2.7 million...

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