FN1 Second Circuit: Locafrance U.S. Corp. v. Intermodal Systems Leasing, Inc., 558 F.2d 1113 (2d Cir. 1977).

District of Columbia Circuit: McKenna v. Austin, 134 F.2d 659 (D.C. Cir. 1943).

But see, Shebay v. Davis, 717 S.W.2d 678 (Tex. App. 1986) (settlement agreement prohibited plaintiff’s attorney from representing anyone else bringing suit against the defendants; although such a provision violates professional rules of conduct, its inclusion in a settlement agreement did not void the agreement).

FN2 California: Winet v. Price, 4 Cal. App.4th 1159, 6 Cal. Rptr. 554 (1992); Madison v. Superior Court, 203 Cal. App.3d 589 (1988).

Colorado: Guzman v. Gleason, 42 Col. App. 284, 598 P.2d 145 (1979) (jury question exists as to whether it was clearly understood that release barred future action for then unknown head injury). Illinois: Scherer v. Ravenswood Hospital Medical Center, 70 Ill. App.3d 939, 388 N.E.2d 1268 (1979) (settlement confirmed by court approval, supported and released by attorney, physician and parent declarations, set aside on grounds of mutual mistake of fact when it was discovered five years later, child suffered from cerebral dysfunction). Indiana: Indiana Bell Telephone v. Grant, 441 N.E.2d 481 (Ind. 1982) (whether release for unknown injury was a mutual mistake of fact was a jury question involving analysis of the amount received compared with risk of unknown injury; whether unknown injury claim was part of bargain; reasonableness of contention that injury was truly unknown; competence of releasor; equality of bargaining positions; among other things).

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