As discussed in the most recent edition of this column, the U.S. Court of Appeals for the Second Circuit, in Winston v. Mediafare Entertainment,1 has recognized that an unexecuted settlement agreement may still be enforceable. Although this rule certainly allows for an oral settlement agreement to be binding on the parties to a litigation, a recent New York district court case suggests that the hurdle remains high for an oral settlement agreement to satisfy the Winston standard.
In Sprint v. Jasco Trading, plaintiff mobile telephone communications companies sued two corporate defendants, and their respective presidents, alleging claims arising from the defendants’ alleged unauthorized and deceptive bulk purchases of plaintiffs’ mobile phones, which they then resold outside the United States.2 Plaintiffs’ counsel negotiated a settlement with counsel for YRB Trading Corp., one of the corporate defendants, and its president, Yehudah Bodek.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
