Professor Tanya Monestier explains why a defendant’s responses to settlement offers defeated her motion for summary judgment in a fatal accident case.

Upcoming Events

 Law Immigration

 Law Immigration

Direct & Cross Examination Skills Program
SEP
27
2:00 pm - 3:00 pm
Federal Courthouse, One Exchange Terrace, Providence
Free Practice LSAT Test
SEP
29
10:00 am - 1:30 pm
RWU Law Main Campus, 10 Metacom Avenue, Bristol, RI 02809
Info Session for Prospective Students in Providence
OCT
02
5:30 pm - 7:00 pm
RWU Law- Experiential Campus, 1 Empire Street, 4th Floor, Providence, RI 02903
Professor Anthony J. Santoro Business Law Lecture and Dedication
OCT
27
4:00 pm - 4:00 pm
RWU Law | Bristol Campus

Trending@RWULaw

09/08/2017
By Michael Bowden
How do you get from law school to City Hall (or the State House)? With a lot of passion, persistence and hard work, a group of six alumni told a sizeable audience of mostly 1Ls on Thursday. The...


Affordable Excellence at RWU LAW

Archives

Newsroom

Monestier on Settlement Agreements

Professor Tanya Monestier explains why a defendant’s responses to settlement offers defeated her motion for summary judgment in a fatal accident case.

From Rhode Island Lawyers Weekly:Lawsuit over fatal motorcycle crash not barred by settlement,” by Noah Schaffer.

Professor Tanya MonestierJanuary 7, 2016: A defendant’s responses to settlement offers over claims arising from a fatal motorcycle accident included additional conditions that precluded the formation of the mutual assent necessary for a binding agreement, a Superior Court judge has found. […]

The 14-page decision is Greenhalgh, et al. v. Keegan […]

Professor Tanya Monestier of Roger Williams University School of Law said the judge used “very technical rules” of offer and acceptance to find that there was no settlement agreement between the parties.

“An agreement in principle or a general agreement on terms is not going to be good enough unless technically the acceptance 100 percent mirrors the offer,” she said.

Monestier commended Wistow for having the foresight to memorialize a key settlement discussion over the phone in a fax that he sent to defense counsel.

“That really was the saving grace,” she said. “If you want to be clear that no agreement was entered into, having some kind of paper trail to back that up is the way to go.”  […]

For full story, click here.