Thomas E. L. Dewey Dispute Over Existence of Settlement Agreement Not Enough To Reopen Case
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.
October 15, 2021 at 12:00 PM
11 minute read
When the parties to a dispute inform the court that they have reached a settlement, and the court issues an order dismissing the case with prejudice—only permitting it to be reopened for "good cause"—that is ordinarily the end of the court's involvement in the parties' dispute. But what happens when the parties subsequently disagree about whether they reached a settlement and move to reopen the case? Does the parties' dispute about the existence of the settlement constitute "good cause" required to reopen the case?
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