Publications

Section Newsletter Articles on Settlements

Unsettling ruling on settlement agreement: Common provision declared unenforceable as penalty By J. Matthew Pfeiffer Civil Practice and Procedure, October 2008 A recent opinion from the Second District of the Appellate Court of Illinois holds that a clause in a settlement agreement providing for an acceleration of the amount due in the event of a breach thereof without any express reasonable basis for such acceleration constitutes a penalty and, therefore, is unenforceable.
Handling settlement conferences with pro se litigants represented by appointed-counsel under the Settlement Assistance Program and why you should care By Devlin J. Schoop Federal Civil Practice, September 2008 On November 6, 2006, by a General Order of the Court, James F. Holderman, Chief Judge of the U.S. District Court for the Northern District of Illinois, implemented a court-wide program authorizing both district and magistrate judges to appoint counsel to pro se litigants on a limited basis in settlement conferences.