Obligation to immediately disclose settlement agreement

By Nikolay Chsherbinin (November 22, 2022, 11:05 AM EST) -- Where a settlement agreement has the effect of changing entirely the landscape of the litigation in a way that significantly alters the dynamics of the litigation, it must be immediately disclosed to the non-settling defendants. Failure to do so amounts to an abuse of process. The remedy for which is drastic: an automatic and permanent stay of the proceeding....