Joanne Dean v. Fleet Capital Corporation

Sana Swe

Practice Area:Employment & Labor

Outcome:Defense award by arbitrator

Description:The plaintiff claimed that her settlement agreement waived any and all claims with her former employer and any related companies. She held a mortgage that subsequently was purchased by one of the related companies and claimed that the release covered the mortgage. She sought to have the debt discharged. The arbitrator ruled, despite the clear language of the agreement, that the parties, by their conduct, never intended to release the mortgage and issued an award in my clients favor. The plaintiff appealed. I wrote the responding brief and argued the case before the Court of Appeal, which affirmed the arbitrator's award in it's entirety.