Sucre

The Court has distinguished between cases in which a settlement is concluded by fraudulent representation on a case that is not at issue in the settlement proceedings. In such cases, it would appear that the remedy of resignation will generally be available, depending on the extent of the declassifications in the settlement agreement. A number of unfortunate events have led to the current dispute between the parties. The essential facts are as follows. The settlement agreement reached by the parties gave the plaintiffs the opportunity to “prepare” a provision regarding McGrew`s withdrawal, which the defendants would then sign and “request the state court to appoint a qualified receiver.” Settl. Term 2.