The typical settlement occurs at the end of a long day of mediation. The exhausted parties pen the basic terms in a memorandum of agreement. But unless the attorneys are careful to create an enforceable settlement agreement, a case that appears to be settled can unexpectedly spring back to life. Can a “settled” case come alive again? Sadly, yes. Failing to pound the last nail into a case’s coffin can leave enough of an opening to allow an apparently settled case to rise from the dead. Read Hon. Geraldine Soat Brown’s (ret.) and Lorence H. Slutzky’s article, “Zombie Settlements,” in May’s Illinois Bar Journal.
Read more in the May issue of the Illinois Bar Journal.