This section contains the nature of the case and procedural background.

P filed suit against D alleging employment discrimination under the Americans with Disabilities Act. P alleged that D failed to give him reasonable accommodations for his disability of chronic depression and subsequently terminated his employment in violation of the ADA. The parties entered into settlement negotiations. The negotiations resulted in an agreement in principle to settle the case in May 1996. The settlement contained language indicating that it would not be effective until executed by all the parties and their attorneys. A back and forth occurred over some of the terms and after a few final changes, and it was stated between the attorneys verbally that 'We have a deal.' Before signing the agreement, P consulted a second attorney and ultimately decided that the proposed settlement agreement was not acceptable to him and that he would not sign it. Eisenberg, P's attorney, then moved to withdraw as P's counsel. D filed a motion to enforce the agreement. Eventually, the court granted D's motion to enforce the settlement. P appealed.

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