The First Circuit reversed Senior Judge Harrington’s decision to enforce an agreement settling a copyright dispute over material in the animated television series “Class of 3000.”
At a hearing Judge Harrington had determined that settlement had been reached, relying on an email sent from plaintiff’s counsel to defendant’s counsel agreeing on three main terms. (Interestingly, neither plaintiff nor plaintiff’s counsel, who had withdrawn several weeks earlier, was at this hearing.) The plaintiff, appearing pro se before the First Circuit, disputed that a settlement was reached and highlighted a number of terms (such as continuing rights) that were not resolved.
The First Circuit held that because there were disputed questions of fact, the District Court erred in not holding an evidentiary hearing regarding the plaintiff attorney’s authority to bind the client to the settlement.
Case remanded.
McGee v. Cartoon Network, Inc., 10-1070 (1st Cir. July 8, 2010)
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