Settlement Agreement – Enforceability

By: Derek Hawkins//October 16, 2019//

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WI Court of Appeals – District II

Case Name: Paul R. Ponfil Trust v. Charmoli Holdings, LLC,

Case No.: 2018AP1321

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Settlement Agreement – Enforceability

This case addresses the enforceability of a purported settlement agreement entered into by the parties at the end of mediation, in which the parties agreed to sign a separate “substantive agreement” that would address “such things” as liability and indemnity in “usual form.” The circuit court found that the agreement was binding, while acknowledging that the additional terms remained to be agreed upon. The settlement agreement is unenforceable as it lacks agreement on material terms. We reverse and remand.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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