Focus (Forum & Focus)
Aug. 22, 2007
Hammering Settlements
Focus Column - By James R. Felton - A provision that used to penalize parties who defaulted on settlement payments is now being undermined by the courts, a development that makes it harder than ever to meaningfully enforce the agreements.
By James R. Felton
This is a story about how the leverage, or "hammer," that you thought you had as part of a settlement might be worth little more than the paper it is written on. I recently represented a plaintiff and cross-defendant in a commercial dispute. My client was seeking several hundreds of thousands of dollars in damages. Good evidence supported $65,000 in damages.
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