Legal Question in Civil Litigation in New York

Re: Settlement issues---Action with/out prejudice?

My view is that an attorney should always review any legal document before you settle it. A Discontinuance with prejudice ends the case forever. A discontinuance without prejudice means the claim in the case can be brought again, unless the statute of limitations prevents it. One other issue, are you getting/giving a General Release as part of the settlement? A general release waives forever all claims that could have been brought up to the day the release is signed.

Re: Settlement issues---Action with/out prejudice?

Any settlement would require finality - that is what "with prejudice" means - you could not come back and claim that some part of the dispute remained open. It is always wise to have an attorney review an agreement, especially one that affects court proceedings and was prepared by the adversary attorney! We are a litigation firm and we prepare settlement agreements frequently in commercial and other types of litigation. If you wish to have your settlement agreement reviewed by our firm, you can call for an appointment.

Re: Settlement issues---Action with/out prejudice?

With prejudice means you can't renew the case once the settlement is filed.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Settlement issues---Action with/out prejudice?

You should have an attoreny review the stipulation. With prejudice means that the action cannot be brought again.

Daniel Clement