By Stephen Ware, a law professor at KU, in Lawrence, Kansas.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its third edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

Search This Blog

Tuesday, June 3, 2014

Formation of Settlement Agreement

The Texas Supreme Court decided an interesting case about a settlement agreement being formed even though the offeror may not have wanted that.  As Jeremy Telman explains:

Amedisys threatened that it would not settle below six figures.  Kingwood responded with a settlement offer of $90,000, expecting that Amedisys would reject the offer and trigger Rule 167 of the Texas Civil Practice and Remedies Code, which would allow Kingwood to recover litigation costs if the case went to trial and resulted in a judgment considerably less favorable to Amedisys than the settlement offer.
Amedisys accepted the settlement offer.  This apparently was not what Kingwood wanted or expected, and Kingwood refused to treat Amedisys's response as an acceptance.  

No comments:

Post a Comment