Lawsuits are filed and Lawsuits are settled on a daily basis. However, sometimes the Defendant will require that the Plaintiff sign a confidentiality agreement. If the Plaintiff violates the agreement and discloses the terms of the settlement there can be adverse consequences.
Those adverse consequences came bearing down on Patrick Snay (Plaintiff) after his daughter disclosed a confidential $80,000.00 settlement on Facebook to 1,200 online friends. As a result of the disclosure Gulliver (defendant) refused to pay the settlement. The Third District Court of Appeal reversed the settlement and set a precedent for all South Florida Plaintiff’s who violate settlement agreements.
The 3rd DCA stated: “Before the ink was dry on the agreement … Snay violated the agreement by doing exactly what he had promised not to do. His daughter then did precisely what the confidentiality agreement was designed to prevent,” Wells wrote
While there is an argument to be made that confidentiality agreements are against public policy, the 3rd DCA has spoken and made it clear. if you settle your case, keep it to yourself.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.