New York Law Journal "District Court Lacks Jurisdiction to Enforce a Settlement and Appeal"
Few events in the course of a litigation are as likely to prompt settlement discussion as the resolution of a dispositive motion. The parties’ claims and defenses have been tested, and the strengthened negotiating position of the successful party is clear to both. But, as a recent decision in the Southern District of New York reminds us, there are pitfalls that come with negotiating a settlement in the wake of successful motion to dismiss. If those negotiations turn sour, and