Legal Opinion · Dissent

Pope v. Anderson Services of the Carolinas

North Carolina Industrial Commission

Decided June 10, 2008No. I.C. NOS. 516047 556630Published

1Dissent

The undersigned respectfully dissents from the Opinion and Award of the majority denying the enforcement of the memorandum of agreement and finding that the compromise settlement agreement is not fair and just. Under the law the greater weight of the competent evidence supports a finding that the memorandum of agreement is an enforceable contract and the compromise settlement agreement is fair and just to all parties.

Compromise settlement agreements, including mediated settlement agreements are governed by the general principles of contract law.Chappel v. Roth, 353 N.C. 690, 548 S.E. 2d 499…

2Cases cited5 opinions

  1. Chappell v. RothSupreme Court of North Carolina · 2001
  2. Lemly v. Colvard Oil Co.Court of Appeals of North Carolina · 2003
  3. Lewis v. Craven Regional Medical CenterCourt of Appeals of North Carolina · 1999
  4. Carver v. BrittSupreme Court of North Carolina · 1955
  5. Jackson v. . BankSupreme Court of North Carolina · 1935

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