Wise v. Wilkie, No. 19-60194 (5th Cir. 2020)Annotate this Case
Plaintiff filed suit against the Secretary of Veterans Affairs, alleging disability discrimination and retaliation in violation of the Rehabilitation Act. At issue in this appeal is the enforceability of the parties' settlement agreement.
The Fifth Circuit held that the district court properly exercised jurisdiction to decide the motions to enforce and subsequent motion for reconsideration; the district court did not err in concluding that the settlement agreement does not allow plaintiff to receive $150,000 because she has not elected disability retirement; and the district court must hold an evidentiary hearing to determine whether the settlement agreement is enforceable. Accordingly, the court vacated and remanded for the district court to consider whether the settlement is valid and enforceable, or whether a mutual mistake warrants rescinding it.