Beware defense lawyers: If a settlement agreement in an employment discrimination case makes no mention of how the plaintiff’s lawyers will be paid, they have a right to petition the court for an award of fees, a divided panel of the 3rd U.S. Circuit Court of Appeals has ruled.
“A settlement agreement that is silent as to attorney’s fees will not be deemed to constitute a waiver, regardless of the course of negotiations,” U.S. Circuit Judge Anthony J. Scirica wrote in Torres v. Metropolitan Life Insurance Co.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]