In Zukerman v. Montgomery, 2011 WL 1543210 (Ind. Ct. App. 2011), the Indiana Court of Appeals recently held that a settlement agreement, signed at the conclusion of a late night mediation, was not enforceable against our clients because the terms of the agreement were not sufficiently definite.  

This was a great relief to PWR clients Allan Zukerman, Harry Davis, MZD, Inc. and related entities.  Zukerman and Davis sought assistance from PWR attorneys Ron Waicukauski and Carol Nemeth Joven after the settlement agreement had been signed and the trial court had granted a motion to enforce it.  

The trial court’s order required our clients to transfer several real estate properties to a former partner and his wife and to pay off liens totaling about $2.8 million.   

Our clients believed that the deal did not require that they pay off any of these liens and were shocked by this turn of events.  Fortunately, the Court of Appeals agreed with PWR’s argument on appeal, reversed the trial court’s ruling, and remanded the case to the trial court for further proceedings.

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