- 18 - In direct contradiction to the testimony of Mrs. Wolfe and Messrs. McCarthy and Brant, Mr. Wolfe testified that he did not agree to or authorize a settlement of the cases on the afternoon of March 11. Instead, he insisted that he had advised Mr. McCarthy that he would not agree to any settlement without respondent’s concessions on the two points Mr. Mansour had raised and without first reviewing a final version of the stipulation of settled issues. According to Mr. Wolfe’s testimony, Mr. McCarthy assured him at the conclusion of their meeting on March 11 that he would obtain concessions from respondent on the two disputed points and submit to Mr. Wolfe for his review a revised stipulation of settled issues, with revisions to reflect the changes, the next day. We conclude that Mr. Wolfe’s testimony is not worthy of belief. Besides being contradicted by the testimony of all other witnesses present at the March 11 meeting or participating in the settlement negotiations, his testimony is highly implausible in the circumstances. First, accepting Mr. Wolfe’s version of events would require us to believe that Mr. McCarthy, an experienced litigator, left unresolved the question of whether a settlement would occur on the afternoon before a scheduled trial–-in particular, when he was scheduled to give oral argument the next morning in another case. We find it unlikely that, as Mr. Wolfe claims, Mr. McCarthy advised him that there would be anPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011