The U.S. District Court for the Western District of New York declined to enforce two purported settlements, one involving an offer of judgment silent as to attorney fees, and one addressing a pro se plaintiff’s right to rescind an oral settlement agreement based upon a miscommunication or misrepresentation.
Offers of Judgment
Magistrate Judge Marian W. Payson, in Henchen v. Renovo Services, No. 11-CV-6073P, 2013 WL 1152040 (W.D.N.Y. March 19, 2013), found there was no mutual assent to the material terms of an ambiguous Rule 681 offer of judgment. She therefore returned the parties to the same position they were in before the defendant served the offer.
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