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Article: Federal court jurisdiction over settlement agreements. (Negotiation and Settlement)
- Article from:
- Trial
- Article date:
- June 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The scenario is common: A plaintiff sues a defendant in federal court. The parties settle the case and execute a settlement agreement or a consent decree. The court enters a dismissal order. Later, the plaintiff becomes convinced that the defendant has violated the settlement agreement.
There are good reasons for trying to return the resulting breach-of-contract dispute to the federal court. These include the court's familiarity with the case facts and issues, the court's interest in reinforcing settlement agreements based on litigation that was previously before it, and efficiency and economy for both parties.(1)
But getting back into federal court ...