Settlement agreement is deemed valid and enforceable
Rohm and Haas Electronic Materials, LLC v. Honeywell International, Inc., C.A. No. 06-297-GMS, April 16, 2009.
Sleet, C.J. Plaintiff’s motion to enforce the settlement agreement is granted but its request for attorneys’ fees and costs is denied.
The Court finds that the parties reached a definite and final settlement agreement that is binding and enforceable under Delaware law. Statements to the Court and plaintiff undermine defendant’s contention that there is no agreement and the defendant is bound by its attorney’s representations. Defendant’s arguments that the agreement should be rescinded based on fraud or negligent misrepresentation or unilateral mistake are rejected. Defendant’s conduct does not rise to the level of bad faith needed to justify plaintiff’s request for attorneys’ fees and costs.
