On 4 December 1997, the district court approved the settlement and retained enforcement authority. See Kokkonen v. Guardian Life Ins. Co. of Amer. Defendant did not apply for a building permit until August 1998. Plaintiff on 2 March 1999 filed a Motion to Enforce the Settlement against Defendant.
Defendant now appeals.
Hayes v. National Serv. An error of law is an abuse of discretion per se . Principles governing general contract law apply to interpret settlement agreements. And, even though this settlement agreement arose under the ADA, state contract law directs our analysis here. But liquidated damages are inappropriate when they serve only to punish the breaching party.