Settlement and Compromise

Oral Settlements in Open Court Enforceable Without Follow-On Writing

, New York Law Journal

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In his Settlement and Compromise column, Thomas E.L. Dewey writes: An agreement to settle a case is generally not binding until it is put into writing and either signed or entered as a court order. But as a recent case in the U.S. District Court for the Southern District of New York illustrates, there is an important exception: Agreements made between counsel in open court are enforceable, even if one party changes her mind before an anticipated written agreement is complete.

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