thehog
BANNED
ChewbaccaD said:I am well aware of how courts view arbitration and settlement agreements.
I am also well aware that courts are very reluctant to set aside settlement agreements entered into by two parties of their own volition. Not only that, but there are only certain grounds upon which they may do so. Legal arguments have to be made to get that outcome (regardless of whether or not either party thinks there will be another settlement), and those arguments have to be based on recognized grounds. Saying "Well, it's obvious that ________ existed, so set aside the settlement agreement" to a judge will get your a$$ kicked out of court and brought up on ethics charges in your state bar.
My points operate to suggest what should be included in the legal arguments.
EDIT: Also note that none of us know what was included in that settlement agreement. If you think that will have no bearing, I ask you gain access to Westlaw or Lexis, go to the search function, choose "All State and Federal cases" (or choose the "allcases" from the database drop down) and type in "set aside" /s "settlement agreement" or even change /s to /p, see what comes up, and then return with your personal observation on how often and in what context that generally happens. Also note that in those decisions, the most common grounds for doing so are fraud and...wait for it........MUTUAL MISTAKE.
I didn't start pushing out that baby by random chance.
EDIT #2: And if my arguments are not persuasive to you, disregard them. Many people disregarded my suggestion that subject matter jurisdiction would be the grounds Judge Sparks used to kick out Lance's a$$...
You do complicate things. Remember you lawyers are there to assist and advice on the law not makes spaghetti out of it!
It’s fairly straightforward what will occur in this dispute.