Stipulation of Dismissal in Adversary proceeding

Asked about 2 years ago - Worcester, MA

I agreed to settle the lawsuit. The stipulation of dismissal is as reads " The Plaintiff and Defendent pursuant to Rule 41(a)(1) (i) of the Federal Rules of Civil Procedure, stipulate that the above adversary proceeding be and it is hereby dismissed with prejudice, with each party bearing its respective costs of the action with all rights of appeal waived." I am the defendent of this case. Can I re-open or appeal the case in future?

Attorney answers (3)

  1. Jeffrey K. Varszegi

    Contributor Level 14

    3

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    Answered . No (or certainly not easily), due to the words "with prejudice", which mean permanently. You should protect yourself either by making sure that the compensatory terms of the settlement are fully executed to your satisfaction before the dismissal is entered, or providing that you can reopen the case in the event of a breach of the settlement agreement, perhaps starting by stripping out the "with prejudice" part.

    Maybe you should have an attorney look over your agreement before executing it.

  2. Erik Hammarlund

    Contributor Level 18

    Answered . Not easily, as the other attorney has explained.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  3. Henry Lebensbaum

    Contributor Level 20

    Answered . No


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