The Appellate Group

Thurston v. Block United LLC

Thurston v. Block United LLC, 2021 UT App 80 (Mortensen, J.)


A manager sued a company, and the two settled. The company fulfilled its obligations under the settlement agreement, but the manager refused to fulfill his obligations, claiming that the company misrepresented information during the settlement negotiations. The company filed a motion to enforce the settlement agreement. The district court granted the motion. The Utah Court of Appeals affirmed, holding:

  • Because the manager retained the proceeds he received under the settlement agreement, he waived his right to rescind the agreement.

Read the full court opinion