Thomas E L Dewey

October 26, 2018 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey discusses a decision which shows that, while courts recognize the important role that class action objectors can play in safeguarding class interests, when an objector or his counsel acts in bad faith to extort a personal payment, sanctions may be imposed.

By Thomas E.L. Dewey

10 minute read

July 27, 2018 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey compares the federal and state approaches to the law of preliminary agreements.

By Thomas E.L. Dewey

1 minute read

January 26, 2018 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent decision which reminds us of the pitfalls that come with negotiating a settlement in the wake of successful motion to dismiss. If those negotiations turn sour, and one party seeks to enforce a settlement agreement, the parties may be left without a clear judicial home to resolve the dispute.

By Thomas E.L. Dewey

7 minute read

July 28, 2017 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey writes: A recent Southern District of New York case offers the lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement—even if one of the parties expects that additional "standard" provisions will be added to the agreement.

By Thomas E.L. Dewey

14 minute read

April 26, 2017 | New York Law Journal

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.

By Thomas E.L. Dewey

19 minute read

January 27, 2017 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey writes that a recent holding in the 'Patton Boggs v. Chevron' case demonstrates that "retention of jurisdiction" provisions in stipulations of dismissal can lead to litigation with non-parties over underlying settlement agreements. At the same time, it signals to would-be intervenors in such cases that they must show not only that they have legally protected interests in the settlement agreements, but also that there are proceedings in the dismissed actions in which they seek to intervene.

By Thomas E.L. Dewey

24 minute read

October 28, 2016 | New York Law Journal

Settlement and Compromise columnist Thomas E.L. Dewey examines the Second Circuit's decision in 'Rothstein v. American International Group', on the definition of a settlement class in a securities class action settlement. As is common in such settlements, the settlement agreements contained a provision excluding the defendant's "affiliates" from recovering settlement proceeds. Although class-action settlement agreements frequently exclude defendants' affiliates from the settlement class, this case presented an unusual question: Are employee benefit plans sponsored by the settling defendant its affiliates such that they are excluded from the settlement class?

By Thomas E.L. Dewey

15 minute read

July 28, 2016 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey writes: The Second Department recently issued an interesting decision holding that a writing from a party's former attorney that is followed by performance of the settlement agreement satisfies CPLR $#167;2104's standard for enforceability of a settlement agreement.

By Thomas E.L. Dewey

8 minute read

April 29, 2016 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey writes that the U.S. Supreme Court's decision in 'Campbell-Ewald Co. v. Gomez' denied class-action defendants the ability to moot an entire class action by making a settlement offer that would have completely satisfied the named plaintiff's claim. But a new split has already arisen: May a defendant who consents to entry of a judgment against it evade further litigation?

By Thomas E.L. Dewey

15 minute read

January 29, 2016 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Campbell-Ewald Co. v. Gomez', where the U.S. Supreme Court effectively denied the defendant-petitioner, and other corporations seeking to avoid class action lawsuits, the ability to moot an entire class action case by making a settlement offer that satisfies the named plaintiff's claim. However, the result also comes with an unnerving suggestion for defendants that in certain circumstances, despite complete offers to settle, litigation may be unavoidable.

By Thomas E.L. Dewey

10 minute read