Following earlier reasons addressing disclosure of a settlement agreement between co-defendants, the defendants requested supplementary reasons to clarify whether the court had implied professional misconduct by counsel.
The court issued an addendum confirming that no lawyer intentionally misled the court and expressing confidence in counsel’s professionalism.
However, the court maintained its conclusion that the settlement agreement ending adversity between the defendants should have been disclosed because it was relevant to a prior motion concerning two neuropsychological examinations.
The court held the failure to disclose was an honest but mistaken decision made in good faith, rejecting claims that correspondence from the plaintiffs influenced the earlier ruling.
