Settlements bear their own statute of frauds of a writing signed by both parties or orally before the court. Absent the return “E” ticket to courtroom, a celebration must file a new, separate action to implement the settlement settlement and would face the impediments of the statute of limitations, venue, and different evils of litigation. Original trial counsel might even need to be a witness in such an motion, as disputes over settlement agreements typically revolve round “who said what to whom.” This may be very ugly. The prospect that counsel could be a witness may compel the celebration … Read More