When will a court exercise jurisdiction to enforce a settlement agreement?

MultiRegion, United States of America

The following excerpt is from Arata v. Nu Skin Intern., Inc., 96 F.3d 1265 (9th Cir. 1996):

McDermott contends that, under the terms of the Settlement Agreement, the district court had an obligation to exercise jurisdiction over her motion, and that it therefore erred in divesting itself of jurisdiction. 1 Whether a district court has jurisdiction to enforce a settlement agreement is a question of law subject to de novo review. Hagestad v. Tragesser, 49 F.3d 1430, 1432-33 (9th Cir.1995). Here, however, the question is slightly different; it is whether the district court had the authority to terminate its continuing jurisdiction, the initial retention of which was a discretionary act. It is arguable, therefore, that the court's action is subject to abuse of discretion review. However, we need not decide which standard applies, because we hold that the court's action withstands scrutiny under either standard.

Other Questions


What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
When a court declines to exercise jurisdiction pursuant to the Colorado River doctrine, does the court have to stay the action or dismiss the action? (MultiRegion, United States of America)
When a settlement agreement disposes of a federal Title VII claim, can a breach of the settlement agreement revive the claim? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
What is the test for a district court's enforcement of a written settlement agreement for abuse of discretion? (MultiRegion, United States of America)
What authority does a court have to approve and enforce a settlement agreement? (MultiRegion, United States of America)
Does the Court have an obligation to satisfy itself of its own jurisdiction and of the jurisdiction of the District Court? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
When faced with a settlement agreement, when will the courts depart from the terms of that agreement? (Canada (Federal), Canada)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.