Thomas E L Dewey

July 08, 2022 | New York Law Journal

A recent case from the Southern District of New York highlights the risks facing parties that seize opportunities to settle when there is heightened uncertainty in litigation—for example, when a decision on summary judgment is forthcoming.

By Thomas E.L. Dewey

9 minute read

February 10, 2022 | New York Law Journal

In 'Fernandez', the court denied a motion to enforce a written settlement agreement that attorneys on both sides had approved, after two of the five plaintiffs refused to sign.

By Thomas E.L. Dewey

7 minute read

October 15, 2021 | New York Law Journal

In this edition of his Settlement and Compromise column, Thomas E.L. Dewey examines a decision, 'Go New York Tours v. Tour Central Park', which makes clear that after a court dismisses a case because the parties have settled, the court cannot reopen the case if the parties dispute the existence of their settlement agreement unless it has subject matter jurisdiction to do so.

By Thomas E.L. Dewey

11 minute read

April 16, 2021 | New York Law Journal

Many counterparties have reached settlement terms and closed the conversation by stating the need to "paper" the agreement later. But does this caveat preclude enforcement of the oral agreement? Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent EDNY decision which provides a good warning to counsel that such statements may be insufficient to preclude an action to enforce a settlement agreement.

By Thomas E.L. Dewey

7 minute read

October 28, 2020 | New York Law Journal

Public policy generally prohibits class action settlements in which the attorney fee awards dwarf the amount awarded to the class. But a recent case illustrates that such a settlement may be approved if it is structured so that class counsel's award does not come at the class's expense.

By Thomas E.L. Dewey

8 minute read

July 24, 2020 | New York Law Journal

In Thomas E.L. Dewey's column on Settlement and Compromise, he analyzes a recent case that reminds us settlements can be reached by email correspondence, even when certain terms of the settlement are excluded.

By Thomas E.L. Dewey

9 minute read

April 22, 2020 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent EDNY case that provides an interesting example of a party seeking a court's assistance to set aside a settlement agreement based on Federal Rule of Civil Procedure 60(b).

By Thomas E.L. Dewey

9 minute read

January 24, 2020 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Attestor Value Master Fund v. Republic of Argentina'—a case that "reconfirms the significance of language in settlement documents that suggests a settlement is not binding until signed by both parties."

By Thomas E.L. Dewey

8 minute read

October 29, 2019 | New York Law Journal

The Appellate Division's Practice Rules contain a requirement that parties and counsel "shall immediately notify the court when there is a settlement of a matter or any issue therein." In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Bank of New York Mellon v. Smith,' where the Second Department sanctioned a party and its counsel for "flagrant violations" of this rule.

By Thomas E.L. Dewey

9 minute read

July 26, 2019 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent Eastern District of New York decision that offers crucial insight for a practitioner seeking approval of a settlement that includes attorney fees in the district.

By Thomas E.L. Dewey

10 minute read