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Makins v. District of Columbia

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


December 3, 2004

BRENDA ELAINE MAKINS, APPELLANT
v.
DISTRICT OF COLUMBIA AND FRANCIS J. HENDERSON, ACTING WARDEN, D.C. DEPARTMENT OF CORRECTIONS CENTRAL FACILITY, APPELLEES

Appeal from the United States District Court for the District of Columbia (98cv02693)

Before: Henderson, Randolph, and Rogers, Circuit Judges.

Per curiam.

Argued September 17, 2001

In this appeal from a district court judgment enforcing a settlement agreement, we certified the following question to the District of Columbia Court of Appeals:

Under District of Columbia law, is a client bound by a settlement agreement negotiated by her attorney when the client has not given the attorney actual authority to settle the case on those terms but has authorized the attorney to attend a settlement conference before a magistrate judge and to negotiate on her behalf and when the attorney leads the opposing party to believe that the client has agreed to those terms?

Makins v. Dist. of Columbia, 277 F.3d 544, 553 (D.C. Cir. 2002). The D.C. Court of Appeals, sitting en banc, answered the question in the negative. Makins v. Dist. of Columbia, 2004 WL 2471504 (Nov. 4, 2004). We must therefore set aside the district court's enforcement of the agreement on the basis of the attorney's apparent authority. Further proceedings on remand are needed to resolve the remaining evidentiary dispute about the attorney's actual authority to settle the case. See 277 F.3d at 545-46.

Vacated and remanded.

20041203

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