Craig Tractenberg of Fox Rothschild. Courtesy photo Important Franchise Issue: Enforcing a Breach of Settlement Agreement
Our clients expect settlement agreements to be enforceable. Such agreements often contain activity restrictions, like noncompete agreements and confidentiality provisions. U.S. Bankruptcy Court Judge Michelle Jerson of the Northern District of Texas had the opportunity to consider the consequences of a flagrant breach of a settlement agreement in the case of Pirtek USA v. James Bradley Lager, (Bankr. N.D. Texas, 2023).
August 17, 2023 at 11:25 AM
6 minute read
CommentaryOur clients expect settlement agreements to be enforceable. Such agreements often contain activity restrictions, like noncompete agreements and confidentiality provisions. U.S. Bankruptcy Court Judge Michelle Jerson of the Northern District of Texas had the opportunity to consider the consequences of a flagrant breach of a settlement agreement in the case of Pirtek USA v. James Bradley Lager, (Bankr. N.D. Texas, 2023). Jerson carefully marshalled the facts in this very interesting opinion addressing important issues of contract law, franchise law and dischargeability in bankruptcy.
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