IS withdrawal with prejudice enough to make sure a lawsuit goes away?

Asked about 1 year ago - Cape May, NJ

I am in a lawsuit with my partner and we came to a settlement agreeable to both of us. His lawyer sent an offer to dismiss the case they filed with prejudice, as long as I withdraw my counter-claims with prejudice. I have 3 questions-
- Is there any other language I should insist on besides them saying they will file motion to dismiss with prejudice? Should I ask them to withdraw their complaint, certification, anything else - or if they withdraw with prejudice, that is adequate?
- does that leave any loopholes - can they attempt to refile again with similar claims, or should I feel confident that this is gone?
- if somehow they file, can I also refile my counter claims (which I would also have withdraw with prejudice)?

I don't tryst this guy and want to protect my interests.

Attorney answers (4)

  1. Steven Todd Keppler

    Contributor Level 14

    2

    Lawyers agree

    Answered . If a matter is dismissed with prejudice, it may not be brought again. That said, in the context of any settlement, there should be language such that if a party fails to live up to its settlement obligations, the other party should have the right to reopen its case.

    If you're concerned about your rights, hire an attorney to review the contract for a nominal fee. He or she can tell you whether the document is worth signing, or needs to be modified.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
  2. Erik Anderson

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Generally, when a matter is dismissed with prejudice the matter is concluded in its entirety. In your scenario, if you both dismiss your claims with prejudice it should all go away. Good luck.

    DISCLAIMER: Please be advised that this post is not intended to constitute legal advice and is for informational... more
  3. Fredrick P Niemann

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You will be ill advised to go it alone,in fact stupid.Ater all youve been through get this proposed settlement to a lawyer immediately so you dont get screwed in the future because you idint appreciate the implications of what you signed.

    Advice provided is general in nature and should not be relied upon without retaining qualified and experienced... more
  4. Matthew D Stockwell

    Contributor Level 3

    Answered . A properly drafted settlement agreement will resolve all claims that were brought or could have been brought as a result of the dispute you had with your partner, and can only be disturbed upon a showing of coercion, deception or fraud in inducing the other party to enter into the settlement agreement. This is a document that should be reviewed by or prepared with the assistance of an attorney, especially since your partner has an attorney.

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