Court holds that exchange of emails between attorneys constitutes MCR 2.507(G) settlement
The Bank of New York sued Jaafar and Badia Jaafar to foreclose real estate. The BNY lawyer rejected an e-mail offer to settle the claim for $260,000.00 and asked whether the Jaafars would pay $265,000.00. The debtors' attorney responded "yes." Later, BNY denied that this constituted a settlement of the claim, arguing that under MCR 2.507(G), it had neither documented the settlement in open court, nor "subscribed" to the settlement in writing. The Court of Appeals held that BNY's attorney's "yes" response in an email containing his electronic signature was sufficient to meet the Court Rule requirement.