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· 8/27/2008

Fidelity & Guaranty Insurance v. Star Equipment Corp.

Citations

  • 541 F.3d 1
  • 2008 U.S. App. LEXIS 18390
  • 2008 WL 3917372

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that, as all parties signed the Settlement Memorandum of Understanding with the present intent to settle claims, it was binding
  • applying Massachusetts contract law in diversity action involving challenge to enforcement of a settlement agreement
  • defining bad faith as “dishonest purpose, conscious doing of wrong, or breach of duty through motive of self-interest or ill will.”
  • upholding enforcement of settlement while noting that opposing parties did not claim “they were coerced into signing the agreement or that their counsel settled their claim without authority”
  • “[Bjefore the original suit is dismissed, the party seeking to enforce the [settlement] agreement may file a motion with the trial court”
  • “a party to a settlement agreement may seek to enforce the agreement’s terms when the other party refuses to comply” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Cudahy, Lipez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.