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NYLJ “Settlement Agreement Unenforceable if Parties Disagree on Which Claims They Intend to Settler”
By Thomas E.L. Dewey and Christine Kim Parties engaging in settlement discussions often come to an agreement in principle by exchanging emails and making phone calls. While courts sometimes enforce unsigned settlement agreements reached through such discussions, they will not do so if, after examining the entire context of the settlement negotiations, they determine there was no meeting of the minds. Lopez de Paz v. Experian Info. Sol., Inc. , No. 25-cv-2180 (JGK), 2025 WL 27
Nov 10, 2025
NYLJ “Settlement Agreement Default Leads Magistrate Judge to Recommend Entry of Money Judgment and Collateral Turnover”
By Thomas E.L. Dewey and Christopher P. DeNicola When a borrower defaults under a loan agreement and enters into a settlement agreement...
Aug 7, 2025
NYLJ “Merger Clauses in Draft Settlement Agreements as Expressions of Intent Not To Be Bound Absent a Writing”
By Thomas E.L. Dewey Settlement agreements, like most contracts, often include merger clauses stating that the contract is the complete...
May 15, 2025
NYLJ “Parties’ Reservation of Rights Defeats Attempt to Enforce Settlement in Principle”
By Thomas E.L. Dewey and Daniel Shternfeld Long time readers of this column know that not all enforceable settlements are reduced to...
Feb 9, 2025
NYLJ “Dispute on ‘Implicit’ Term Insufficient to Preclude Enforcement”
By Thomas E.L. Dewey and Edward Lee Parties typically enter into settlement agreements with the expectation that their agreement will...
Oct 20, 2024
NYLJ “Proposed Settlement of Class Action Concerning Alleged Bribery Scheme Approved as ‘Fair and Reasonable’”
By Thomas E.L. Dewey and Christopher DeNicola After information implicating Tenaris S.A. (Tenaris) executives in an alleged scheme to...
Jul 3, 2024
NYLJ “Proposed Settlement of Claims Arising from Sale of Stuyvesant Town Property Approved as ‘Fair and Reasonable’”
By Thomas E.L. Dewey and Christopher DeNicola In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town (Stuy Town)...
Apr 11, 2024
NYLJ “Settlement Agreement Enforceable in Absence of Written Agreement”
By Thomas E.L. Dewey and Christine Kim Parties engaged in settlement discussions often reach an agreement in principle by exchanging...
Feb 15, 2024
NYLJ “No Breach of Settlement Agreement Where Text of Unsigned Draft Agreement Indicated Execution Was Required”
By Thomas E.L. Dewey When the parties to a dispute negotiate a settlement agreement, they generally memorialize their agreement in a...
Oct 12, 2023
NYLJ “Oral Agreement to Settle at Mediation and Follow-Up Email Insufficient for Enforcement”
By Thomas E.L. Dewey New York practitioners are likely aware that not all enforceable settlements are reduced to a formal settlement...
Jul 6, 2023
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