Appeals

FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement

Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…

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Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a claim against FMG’s client. After conclusion of the underlying case, the plaintiff sought to sue parties previously identified only as “John Does.” Ultimately, the Court of Appeals found the language of the settlement agreement was sufficiently broad in scope and that  FMG’s client had bargained for complete relief from all claims, known or unknown. The opinion puts the burden on the releasing party to negotiate and carve out any exceptions to broad settlement language. Vale Rive Development LLC v. Estate of Kenneth Ankrom, Court of Appeals of Kentucky, Civil Action No. 2022-CA-0898-MR.

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