Thomas E L Dewey

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

October 29, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey writes: Because settlement negotiations are tenuous and conditional in nature, it is as important to guarantee that a provisional agreement remains that way, as it is to ensure that a confirmed agreement is in fact final and binding. Two recent cases provides cautionary examples.

By Thomas E.L. Dewey

8 minute read

October 28, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey writes: Because settlement negotiations are tenuous and conditional in nature, it is as important to guarantee that a provisional agreement remains that way, as it is to ensure that a confirmed agreement is in fact final and binding. Two recent cases provides cautionary examples.

By Thomas E.L. Dewey

8 minute read

July 29, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey reviews a recent decision that shows how settlement agreements, like all contracts, can be formed through relatively informal communications, and how such communications can sometimes bind a litigant to settlement terms that they come to regret or perhaps never even wanted.

By Thomas E.L. Dewey

10 minute read

July 28, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey reviews a recent decision that shows how settlement agreements, like all contracts, can be formed through relatively informal communications, and how such communications can sometimes bind a litigant to settlement terms that they come to regret or perhaps never even wanted.

By Thomas E.L. Dewey

10 minute read

April 29, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey discusses a recent decision in which the First Department was faced with the question whether a reinsurer must "follow the settlements" in the absence of a specific agreement to do so. But the court reserved answer on that question for another day because it found questions of fact existed on the issue of whether the allocation at issue was reasonable—even assuming the "follow the fortunes" doctrine applied.

By Thomas E.L. Dewey

11 minute read

April 28, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey discusses a recent decision in which the First Department was faced with the question whether a reinsurer must "follow the settlements" in the absence of a specific agreement to do so. But the court reserved answer on that question for another day because it found questions of fact existed on the issue of whether the allocation at issue was reasonable—even assuming the "follow the fortunes" doctrine applied.

By Thomas E.L. Dewey

11 minute read

January 16, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey analyzes a recent First Department decision that demonstrated the importance of considering tax consequences when negotiating settlements concerning a buyout of shares, and the associated considerations when drafting any accompanying release provisions.

By Thomas E.L. Dewey

11 minute read

January 15, 2015 | New York Law Journal

In his Settlement and Compromise column, Thomas E.L. Dewey analyzes a recent First Department decision that demonstrated the importance of considering tax consequences when negotiating settlements concerning a buyout of shares, and the associated considerations when drafting any accompanying release provisions.

By Thomas E.L. Dewey

11 minute read