Hayes v. National Service Industries

196 F.3d 1252 (1999)

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Nature of the Case

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Facts

P sued D alleging wrongful discharge. P's attorney made contact with D's attorney and said he had authority to settle the case for $15,000. The attorneys for the two parties settled the case. P rejected the settlement, and D filed a motion to enforce the settlement agreement. The Magistrate Judge found that Rogers, P's attorney, had apparent authority, and believed he had actual authority, to settle the case. The Magistrate held that it was irrelevant whether P consented if her attorney had apparent authority; the settlement must be enforced. The Court overruled P’s objections, adopted the report and recommendation, and dismissed P’s complaint. D’s motion to enforce the agreement was granted. P appealed.