We are based in NJ and are in dispute file by in Texas by a licensee. The agreement states that the dispute is to be governed by NJ law. After months of court action and discovery, the plaintiff's attorney sent a settlement offer to our Texas attorney. We sent a counter-offer. It does not appear that our attorney sent the counter-offer, and he is still asking for us to provide additional documents. We need to pursue the failure of our attorney no presenting the counter-offer and would like confirmation that the matter can be settled between the parties with providing further discovery.

  • 1. Do you mean "without providing further discovery"? 2. Did you inquire of your attorney about his follow-up on the counter-offer or why he did not present the counter-offer? The parties can settle without providing further discovery, and ultimately your attorney has to obey your decision or withdraw from representing you. – Iñaki Viggers Dec 16 '18 at 20:54

It does not appear that our attorney sent the counter-offer

Well, you should find out the facts rather than relying on what "appears" to be the case.

While there are outstanding settlement offers flying around the case is still on foot and whatever needs to happen to satisfy the court still needs to happen. When an agreement is reached then the case is over and discovery (and everything else to do with the court) stops.

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