Bistany v. PNC Bank, NA

In Bistany v. PNC Bank, NA (D.Mass. 2008) 585 F.Supp.2d 179, the plaintiffs made a similar argument in support of their contention that they should not be bound by their settlement. In Bistany, after the plaintiffs had authorized their attorney to propose a settlement of certain bank litigation and a settlement had been confirmed between counsel, the plaintiffs discharged their attorney and repudiated the settlement. (Id. at p. 181.) In response to the bank's motion to enforce settlement, the plaintiffs argued that their attorney coerced them into settling by threatening to withdraw from the litigation unless they signed the settlement proposal to the bank. (Id. at p. 183.) The court rejected the plaintiffs' contention that the settlement agreement was voidable because their consent was given under duress, concluding that "such threats do not constitute duress." (Ibid.) It reasoned: "Upholding a settlement under such circumstances is warranted because, in general, duress must emanate from the opposing party to an agreement, not one's own attorney, unless the opposing party knows of the duress. Therefore, this Court finds that the defense of duress is unavailable to the Bistanys." (Ibid.)