Thomas E L Dewey

October 21, 2024 | New York Law Journal

This article discusses the potential risks companies face when working with renegotiation of settlement agreements. "plaintiffs Javelin Global Commodities (UK) Ltd. and Bluegrass Commodities LP sued defendant Lexington Coal Company, and its affiliates, under two different contracts: (i) a contract between Bluegrass and Lexington granting Bluegrass the exclusive right to market and sell thermal coal; and (ii) a contract between Javelin and Lexington for the sale of metallurgical coal to Javelin."

By Thomas E.L. Dewey and Edward Lee

7 minute read

October 18, 2024 | New York Law Journal

'Javelin' is a reminder of both the limited scope of FRE 408 and the pitfalls that accompany any renegotiation of a settlement agreement.

By Thomas E.L. Dewey

7 minute read

July 03, 2024 | New York Law Journal

In 'In re Tenaris S.A. Securities Litigation', Judge Kiyo Matsumoto found that the proposed settlement satisfied both procedural and substantive fairness. As to procedural fairness, the court found that the settlement resulted from arm's-length negotiations enhanced by substantial discovery and that lead plaintiffs and lead counsel had adequately represented the settlement class because they had engaged in "vigorous advocacy" on its behalf.

By Thomas E. L. Dewey

11 minute read

April 12, 2024 | New York Law Journal

In 2010, the former owners of the Peter Cooper Village and Stuyvesant Town property defaulted on their mortgage. Five years later, that property was sold at a profit that paid off outstanding principal and interest. Litigation then ensued over the allocation and distribution of certain excess proceeds from the sale.

By Thomas E. L. Dewey

11 minute read

February 15, 2024 | New York Law Journal

While working toward a settlement, it is common for parties to email proposed terms and settlement amounts without necessarily expecting that their communications will be enforceable. 'Elysium Health v. ChromaDex' illustrates that settlement terms can be enforceable without a formal, executed agreement if the parties express mutual assent and intention to be bound.

By Thomas E. L. Dewey

7 minute read

October 13, 2023 | New York Law Journal

A decision out of the Southern District of New York addresses what happens when parties to a dispute negotiate a draft settlement agreement, one party makes changes to the draft, the other party accepts those changes and requests a signature, but the party who had proposed the changes doesn't sign the document.

By Thomas E.L. Dewey

10 minute read

July 07, 2023 | New York Law Journal

New York practitioners are likely aware that not all enforceable settlements are reduced to a formal settlement agreement executed by all parties; courts may in some circumstances enforce a settlement agreement even if the parties failed to execute a formal written agreement.

By Thomas E.L. Dewey

7 minute read

April 14, 2023 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey discusses the case 'Garmashov v. United States Parachute Association,' which he uses as a"reminder to practitioners and clients alike that, if a party's agreement to settle is contingent on a yet-to-be resolved settlement term, that position must be communicated explicitly and frequently."

By Thomas E.L. Dewey

8 minute read

February 16, 2023 | New York Law Journal

Contributor Thomas E.L. Dewey notes that courts will not enforce a draft settlement agreement that contains terms evincing an intent to be bound only upon formal execution, nor will they ignore the fact that parties had significant points of contention standing in the way of a final agreement.

By Thomas E.L. Dewey

6 minute read

October 14, 2022 | New York Law Journal

'SA Luxury Expeditions v. Schleien' is significant because it makes clear that conduct that may have the intent or effect of disparagement—but is not itself disparaging—may not breach a settlement agreement's non-disparagement clause unless such conduct is expressly prohibited by that clause.

By Thomas E.L. Dewey

9 minute read