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Tag Archives: Settlement Agreement

Contract – Settlement Agreement – Indemnity Contract – Laches & Equitable Estoppel (access required)

John Wm. Brown Co. v. State Employees’ Credit Union A contractor’s surety let the contractor’s lawsuit against the project owner go on for a year before the surety stepped in to unilaterally accept the owner’s year-old settlement offer (as the surety’s indemnity contract allowed it to do); nonetheless, laches does not bar the owner from enforcing the settlement agreement.

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Contract – Settlement Agreement – Partial Performance – Alleged Breach – Medical Billing & Records (access required)

BOSS Urgent Care, PLLC v. Urgent Care Works, LLC Even though plaintiffs characterize the parties’ letter agreement as an “agreement to agree”, the parties’ subsequent references to the letter agreement and their partial performance thereunder shows that the letter agreement was an enforceable settlement contract.

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Labor & Employment – Public Employees — Settlement Agreement – Breach of Contract Claim – Damages – Job Reclassification (access required)

Pickney v. Department of Transportation Even though the parties’ settlement agreement provided that plaintiff could “request a job reallocation or pay grade increase” and that defendant would “cooperate with such a request,” the settlement agreement did not provide plaintiff with any guarantee that he would actually receive a job reallocation or pay grade increase upon request. Even if plaintiff proved that defendant breached the settlement agreement by failing to cooperate with his request for a second job reallocation, plaintiff’s evidence provided no basis upon which the trial court could have properly calculated damages.

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Workers’ Compensation – Contract – Settlement Agreement – Medicare Set-Aside – Higher Requirement (access required)

Justice v. Variety Wholesalers The parties’ settlement agreement called for defendant to fund a Medicare set-aside for plaintiff in the amount of $104,717.88 with specific dates set for the initial $37,427 deposit and annual payments of $2,403.22; however, the agreement also required defendant to fund the Medicare set-aside at whatever amount required by CMS. When CMS required a Medicare set-aside of $273,373, with an initial deposit of $49,059 plus annual payments of $8,011, defendant was required to revise its initial deposit and annual payment amounts; it was not permitted to wait until plaintiff exceeded the parties’ estimated Medicare set-aside amount.

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Tort/Negligence – Fraud – Settlement Agreement – Management Fee – Failure to Disclose (access required)

Spanish Moss, LLC v. Wachovia In a January 2008 settlement agreement, defendants transferred a development project – Isla Del Rio, LLC – to plaintiffs. Plaintiffs have stated a claim for fraud based on their allegations that defendants failed to disclose that they had just accepted $60,000 in fees to manage Isla Del Rio for the first three months of 2008.

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Workers’ Compensation – Settlement Agreement – Asbestosis – Death Benefits – Statutory Time Limitations (access required)

Coffey v. Weyerhaeuser Where a worker reached a settlement agreement with his employer regarding compensation and weekly lifetime benefits for full and permanent disability due to occupational disease, the worker’s heirs are still held to the statutory standard - and barred from seeking death benefits when worker died more than two years after the agreement was signed, or six years after his original date of disability.

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Contract – Settlement Agreement – Advertising Practices – Ambiguity – Civil Practice – Summary Judgment (access required)

Hatteras Realty, Inc. v. Petty When the parties settled a prior dispute about defendants’ advertising practices, defendants agreed that they would not (1) use data obtained from plaintiff’s web site to make comparisons to defendants’ businesses and (2) use plaintiff’s name in advertising materials. Defendants contend their use of data from plaintiff’s website did not breach the settlement agreement because they did not use plaintiff’s name; plaintiffs contend the provisions are separately enforceable, so defendants breached the settlement agreement.

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Tort/Negligence – Unfair Trade Practices Counterclaim – Objectively Reasonable Lawsuit – Contract – Settlement Agreement – Intellectual Property – Trademark (access required)

Lorillard Tobacco Co. v. R.J. Reynolds Tobacco Co. Where plaintiffs’ claims that defendant breached the parties’ settlement agreement are objectively reasonable, plaintiffs’ subjective intent in bringing the lawsuit is irrelevant. Defendant’s counterclaim that plaintiffs filed the lawsuit in order to stifle competition does not state a claim for unfair trade practices. The court grants plaintiffs’ motion to dismiss defendant’s unfair trade practices counterclaim. Plaintiffs’ motion to strike is granted as to defendant’s demands for punitive and treble damages. Plaintiffs’ motion to strike is denied as to defendant’s request for attorney’s fees.

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