Settlement of a dispute by oral agreement

Settlement of a dispute by oral agreementDoe v. Kogut, USCA, Second Circuit, Docket #17-1479 [Summary Order][N.B.Second Circuit rulings by summary order do not have precedential effect.]The parties in this action reached a settlement at a conference with a magistrate judge. After reciting the terms of the settlement on the record, the federal magistrate judge asked both parties if they understood and accepted the terms of the settlement and understood that acceptance constituted an oral contract. Both Doe and Kogut affirmed these statements.* Doe, however, subsequently repudiated the settlement, stating that the oral contract was not binding and she had been under duress.Kogut, on the other hand, moved to enforce the settlement agreement and the court granted Kogut’s motion, reasoning that the oral agreement was binding and that Doe was not under duress at the time of the settlement conference. The Circuit Court sustained this ruling, explaining that…

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