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Archive for the ‘Settlement’ Category

*All Posts,Contracts,Litigation,Settlement,Settlement agreement

An agreement to settle a lawsuit is a contract, which like all contracts, may be freely entered into and which a court, absent a demonstration of fraud or other compelling circumstances, should honor and enforce as it does other contracts

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November 13, 2011 at 3:58 pm

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*All Posts,Attorney-client-relationship,Litigation,Settlement,Settlement agreement

Where the client by words or conduct communicated to the adverse attorney, engenders a reasonable belief that the attorney possesses authority to conclude a settlement, the settlement may be enforced

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November 13, 2011 at 3:46 pm

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*All Posts,Contracts,Litigation,Settlement,Settlement agreement

Where the parties agree upon the essential terms of a settlement, so that the mechanics can be fleshed out in a writing to be thereafter executed, the settlement will be enforced notwithstanding the fact the writing does not materialize because a party later reneges

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November 13, 2011 at 3:43 pm

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*All Posts,Compel discovery,Litigation,Sanctions,Settlement

A party may recover reasonable expenses incurred, including attorney’s fees, from an adversary’s violations of discovery obligations if resultant harm is shown

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November 9, 2011 at 12:23 pm

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*All Posts,Litigation,Settlement

Settlement agreements will be honored absent a demonstration of fraud or other compelling circumstances

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October 19, 2010 at 3:05 pm

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