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NYLJ “Lack of Agreement on the Term ‘Implicit’ Insufficient To Preclude Enforcement”
By Thomas E.L. Dewey When parties to a litigation negotiate a settlement agreement, they often agree on certain core terms before others,...
Apr 18, 2023


NYLJ “Tentative Settlement Agreement Unenforceable Without Intent to Be Bound”
By Thomas E.L. Dewey Parties commonly agree on the monetary value of a settlement before beginning work on formal settlement documents....
Feb 16, 2023


NYLJ “No Breach of Settlement Agreement Where Conduct Not Prohibited by Non-Disparagement Clause”
By Thomas E.L. Dewey Parties frequently use settlement agreements to restrict or prohibit potentially harmful conduct, such as...
Oct 13, 2022


NYLJ “Form of Settlement Agreement Weighs in Favor of Enforceability Even Absent Executed Document”
By Thomas E.L. Dewey A recent case from the Southern District of New York, In re Elysium Health-ChromaDex Litigation, No. 17-cv7394(LJL),...
Jul 7, 2022


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...
Feb 15, 2022


NYLJ “Dispute Over Existence of Settlement Agreement Not Enough To Reopen Case”
By Thomas E.L. Dewey When the parties to a dispute inform the court that they have reached a settlement, and the court issues an order...
Jan 19, 2022


NYLJ “Valid Claim for Breach of Oral Settlement Agreement Even Where Party Stated Need...”
By Thomas E.L. Dewey Many counterparties have reached settlement terms and closed the conversation by stating the need to “paper” the...
Jan 19, 2022


NYLJ “Unusual Settlement Structure Leads to Approval of Fee Award Nearly Double the Payout
Public policy generally prohibits class action settlements in which the attorney fee awards dwarf the amount awarded to the class.
Jan 19, 2022


NYLJ “District Court Enforces Settlement Agreed to by Email Despite Absence of Formal Agreement
Parties typically expect that a settlement does not become enforceable until there is ink to paper on a formal written settlement...
Jan 19, 2022


NYLJ “Dispute Over Existence of Settlement Agreement Not Enough To Reopen Case”
By Thomas E.L. Dewey When the parties to a dispute inform the court that they have reached a settlement, and the court issues an order...
Oct 15, 2021


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