Bamerilease Capital Corp. v. Eugene E. Nearburg

I agree that the judgment of the district court ought to be affirmed, and I agree with Judge Jones’ analysis of Texas law. The same result would obtain, in my view, under federal law.

I am uncertain whether the enforceability of the settlement agreement is dependent on state law or federal law. Diversity cases do sometimes present questions for which federal principles provide the rule of decision — see Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 598 n. 4 (6th Cir.1982), a diversity case where federal law was applied in deciding a judicial estoppel question — and this court has repeatedly…