Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

District of Columbia v. Thomas A. Young

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted February 2, 2012

Before GLICKMAN and FISHER, Associate Judges, and SCHWELB, Senior Judge.

Appellant, the District of Columbia, sued appellee, Thomas A. Young, in Superior Court to recover unpaid taxes. The parties eventually entered into a settlement agreement requiring Young to make a series of payments to the District over the succeeding eighteen months. A disagreement then arose between the parties as to the proper disposition of the District’s pending lawsuit in the interim period before Young completely satisfied his payment obligations under the settlement agreement. The District proposed to dismiss its complaint without prejudice, so that it could be reinstated in the event Young defaulted on his payment obligations. But Young countered that the District had foregone that remedy by entering into the settlement, and he maintained that the complaint had to be dismissed with prejudice. Young filed a motion pursuant to Civil Rule 41 (b)*fn1 requesting such a dismissal. Over the opposition of the District, the trial court granted Young’s motion, and the District has appealed. Because we agree with the District that the settlement agreement was an executory accord until Young fully satisfied his obligations under it, and that as such (and by its express terms) the agreement allowed the District to enforce its original claim against Young in the event he defaulted on his payment obligations, we must vacate the trial court’s order.*fn2

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Go to Lawjobs