In re Mal de Mer Fisheries, Inc.

884 F. Supp. 635 (1995)

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In re Mal de Mer Fisheries, Inc.

United States District Court for the District of Massachusetts
884 F. Supp. 635 (1995)

Facts

A fishing vessel owned by Mal de Mer Fisheries, Inc. (Mal de Mer) (defendant) sank off the coast of Massachusetts, killing two crewmembers. Cheryl Costa and Susan DeJesus (plaintiffs), the wives of the deceased crewmembers, sued Mal de Mer. Edward White, an attorney representing Costa and DeJesus, received an aggregate-settlement offer from Mal de Mer’s insurance carrier. The settlement would be split as follows: $115,000 for Costa and $485,000 for DeJesus. DeJesus agreed to take the settlement. White then told Costa about the amounts that Costa and DeJesus would receive under the settlement but did not tell Costa that the offer was an aggregate settlement. Further, White told Costa that DeJesus’s settlement had nothing to do with Costa’s settlement. Costa begrudgingly told White to move forward with the settlement. After counsel for both parties had notified the court of the settlement, Costa refused to sign the settlement release documents and fired White. Mal de Mer filed a motion asking the court to enforce the settlement negotiated with Costa.

Rule of Law

Issue

Holding and Reasoning (Saris, J.)

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