NYLJ “‘Final Version’ of Settlement Agreement Not Enforceable When Client Withholds Signature”
By Thomas E.L. Dewey A party can withhold his signature and remain unbound by a settlement agreement, even when his attorney had actual authority to approve material terms of the settlement and approved a “final version” of the settlement draft. That was the court’s conclusion in a recent case in the Southern District of New York. In Fernandez v. HR Parking, 16-cv-2762, the court denied a motion to enforce a written settlement agreement that attorneys on both sides had approv

