The American Bar Association published a story warning us all to be careful about settling by email. It recited the case of Philadelphia Ins. Indemnity Co. v Kendall decided by the Supreme Court of the State of New York Appellate Division, First Judicial Department, Case No. 2020-02752, Appeal No. 13756 [Read More]
The California Supreme Court has issued an opinion holding that depending on the provisions in a settlement agreement, attorneys who approve the agreement as to form and content may also be bound by the substantive provisions of the agreement. In Monster Energy v Schechter, Case No. S251392 (July 11, 2019), [Read More]
Many mediations end in settlement at which point the parties draft a settlement agreement. California law provides a summary procedure by which the parties can enforce the settlement agreement if the spirit of compromise does not continue after the mediation. Code of Civil Procedure Section 664.6 provides: 664.6. If parties [Read More]
