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· 5/26/1989

James Adams v. Johns-Manville Corporation, and Raymark Industries, Inc.

Citations

  • 876 F.2d 702

How courts have described this case

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

  • holding that district court did not abuse its discretion by enforcing an oral settlement where evidence showed one party failed to communicate its alleged intent not to be bound
  • motion to enforce settlement agreement does not give rise to right to jury trial
  • a motion to enforce a settlement agreement is essentially “an action to 28 specifically enforce a contract”
  • “[Wlhere the parties dispute the existence or terms of the [settlement] agreement, an evidentiary hearing is required.” (citation omitted)
  • “In his order denying reconsideration, the judge persuasively reasoned: ‘Raymark did in fact receive an evidentiary hearing on the issue of formation of the settlement agreement.’”
  • “Ordinarily, a district court is empowered to enforce a settlement agreement through summary proceedings. However, where the parties dispute the existence or terms of the agreement, an evidentiary hearing is required.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Noonan, Leayy

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.