Benjamin H. Wood, Jr. v. Virginia Hauling Co., 528 F.2d 423 (4th Cir. 1975). · Go Syfert
Benjamin H. Wood, Jr. v. Virginia Hauling Co., 528 F.2d 423 (4th Cir. 1975). Cases Citing This Book View Copy Cite
70 citation events (22 in the last 25 years) across 16 distinct courts.
Strongest positive: Patterson v. City of Charlotte (ncwd, 2025-07-23)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Patterson v. City of Charlotte
W.D.N.C. · 2025 · confidence medium
In such a case, the matter is restored to the trial calendar and “parties [are] placed in precisely the same position vis-a-vis one another monetarily as they occupied before the alleged ‘settlement.’” , 528 F.2d 423, 425 (4th Cir. 1975).
discussed Cited as authority (rule) Franklin v. Kinsley
E.D.N.C. · 2024 · confidence medium
“It is for the district court either to implement a complete settlement agreed upon by the parties or to restore them to the status quo prior to partial execution of an aborted contract.” Wood v. Virginia Hauling Co., 528 F.2d 423, 426 (4th Cir. 1975).
discussed Cited as authority (rule) Mackie v. Coconut Joe's IOP LLC
D.S.C. · 2022 · confidence medium
The Fourth Circuit explained that while district courts retain “inherent jurisdiction and equitable power to enforce agreements entered into in settlement of litigation . . . . it is clear that the district court only retains the power to enforce complete settlement agreements; it does not have the power to impose, in the role of a final arbiter, a settlement agreement where there was never a meeting of the parties’ minds.” Id. (citing Wood v. Va. Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975)).
discussed Cited as authority (rule) West Virginia Highlands Conservancy, Inc. v. ERP Environmental Fund, Inc. (2×)
S.D.W. Va · 2019 · confidence medium
“This authority, however, arises not under Rule 56 of the Federal Rules of Civil Procedure but under the trial court’s inherent equitable power summarily to enforce a settlement agreement when the practical effect is merely to enter a judgment by consent.” Id. (citing Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975).
discussed Cited as authority (rule) West Virginia Highlands Conservancy, Inc. v. ERP Environmental Fund, Inc. (2×)
S.D.W. Va · 2019 · confidence medium
“This authority, however, arises not under Rule 56 of the 4 Federal Rules of Civil Procedure but under the trial court's inherent equitable power summarily to enforce a settlement agreement when the practical effect is merely to enter a judgment by consent.” Id. (citing Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975).
discussed Cited as authority (rule) King's Grant Golf Acquisition, LLC Ex Rel. T 2 Green, LLC v. Abercrombie (In Re T 2 Green, LLC)
Bankr. D.S.C. · 2007 · confidence medium
See In re Masters Mates & Pilots Pension Plan and IRAP Litigation, 957 F.2d 1020 (2nd Cir.1992); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975) (finding courts have the inherent power to supervise and aid in the implementation of a settlement). 28 U.S.C. § 157 (b)(1) also provides that this Court may enter appropriate orders and judgments.
cited Cited as authority (rule) Stewart v. Coyne Textile Services
4th Cir. · 2004 · confidence medium
Millner v. Norfolk & Western Ry., 643 F.2d 1005, 1009 (4th Cir.1981); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
cited Cited as authority (rule) Silicon Image, Inc. v. Genesis Microchip, Inc.
E.D. Va. · 2003 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
discussed Cited as authority (rule) Sadighi v. Daghighfekr (2×) also: Cited "see"
D.S.C. · 1999 · confidence medium
Corp., 103 F.3d 1180, 1195 (4th Cir.1997) ("[H]av-ing second thoughts about the result of a settlement agreement does not justify setting aside an otherwise valid agreement.”). 11 . "[I]f the district court should determine ... that there was an agreed upon settlement that can be translated into terms of dollars and cents, he should enforce payment of precisely that amount.” Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
discussed Cited as authority (rule) Holland v. Virginia Lee Co. (2×) also: Cited "see"
W.D. Va. · 1999 · confidence medium
By its very definition, a settlement agreement ends litigation, see Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975), and unless Virginia Lee pleads facts which could prove that the settlement agreement is invalid, no action is cognizable on the original claim.
cited Cited as authority (rule) Stokes v. Firestone (In Re Stokes)
E.D. Va. · 1996 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
cited Cited as authority (rule) Johnathan Lee X v. Doris R. Casey Jane Doe David G. Lowe, Johnathan Lee X v. Edward W. Murray, Director Dorothy Cook Toni v. Bair Dave Smith Fred E. Jordan Fred Greene Joe Killeen Mario Tabelina
4th Cir. · 1994 · confidence medium
Co., 643 F.2d 1005, 1009 (4th Cir.1981); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975); Kulka v. National Distillers Prods.
discussed Cited as authority (rule) Fox Grocery Co. v. Mineral Labs, Inc.
4th Cir. · 1992 · confidence medium
It is, of course, true (and the parties do not dispute) that courts have "inherent power to supervise and aid the implementation of settlement agreements in pending litigation." Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975).
discussed Cited as authority (rule) David v. Warwell
Md. Ct. Spec. App. · 1991 · confidence medium
In Wood v. Virginia Hauling Co., 528 F.2d 423, 425-26 (4th Cir.1975), the United States Court of Appeals stated: The task of the District Court upon remand is to find, if he can, the terms of the complete settlement agreement, or determine that there was none.
discussed Cited as authority (rule) Unique Apparel, Inc. v. Monies
1st Cir. · 1989 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975). 6 Monies contends that the district judge denied him a fair settlement hearing by requiring his attorneys to testify concerning the settlement.
discussed Cited as authority (rule) Greenville County School District v. United States Gypsum Company, W.R. Grace Company, National Gypsum Company, and Proko Industries, Inc., Union Carbide Corporation v. Carey Canada, Inc., Third-Party Greenville County School District v. United States Gypsum Company, W.R. Grace Company, National Gypsum Company, and Proko Industries, Inc., Union Carbide Corporation v. Carey Canada, Inc., Third Party Greenville County School District v. United States Gypsum Company, W.R. Grace Company, National Gypsum Company, and Proko Industries, Inc., Union Carbide Corporation v. Carey Canada, Inc., Third Party
3rd Cir. · 1987 · confidence medium
See Ozyaqcilar v. Davis, 701 F.2d at 308; Millner v. Norfolk & Western Ry., 643 F.2d at 1009 ; Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975); see also SEC v. Moss, 644 F.2d 313 , 316 (4th Cir.1981), cert. denied, 455 U.S. 1023 (1982). 21 In reaching that determination, we first conclude that the Companies breached their obligations under the agreement by acting in a manner that was inconsistent with a bona fide attempt to resolve product-identification disputes and with the implied duty of good faith and fair dealing.
cited Cited as authority (rule) State of New Jersey Department of Environmental Protection v. Gloucester Environmental Management Services, Inc.
D.N.J. · 1987 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
cited Cited as authority (rule) Willis v. North Fork Bank & Trust Co. (In re Willis)
unknown court · 1986 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
cited Cited as authority (rule) Mehmet N. Ozyagcilar v. Milton Davis and J.D. Waugh, and University of South Carolina v. Kenneth Swaisland, Rafel Industrial Group, Ltd., Bryan E.W. Gransden, Norminco Developments, Ltd., B.J.R. Research Company, and Great Basins Petroleum Company, Third-Party
3rd Cir. · 1983 · confidence medium
Co., 643 F.2d 1005, 1009 (4 Cir.1981); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4 Cir.1975); Kulka v. National Distillers Prods.
cited Cited as authority (rule) Ozyagcilar v. Davis
4th Cir. · 1983 · confidence medium
Co., 643 F.2d 1005, 1009 (4 Cir.1981); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4 Cir.1975); Kulka v. National Distillers Prods.
discussed Cited as authority (rule) Village of Kaktovik v. James G. Watt, Secretary of the Department of the Interior, North Slope Borough v. James G. Watt, Secretary of the Department of the Interior, National Wildlife Federation v. James G. Watt, in His Official Capacity as Secretary, U. S. Department of the Interior, Amoco Production Company, Intervenor-Defendant (2×)
D.C. Cir. · 1982 · confidence medium
Co., 378 F.2d 389, 391 (3d Cir. 1967) 63 See, e.g., Protective Closures Co. v. Clover Inds., Inc., 394 F.2d 809, 812 (2d Cir. 1968) 64 See generally cases cited at note 62 supra 65 See, e.g., Dacanay, 573 F.2d at 1078 ("a litigant can no more repudiate a compromise agreement than he could disown any other binding contractual relationship") (citing Autera v. Robinson, 419 F.2d 1197 , 1201 n.17) 66 See, e.g., Jackson v. Washington Monthly Co., 569 F.2d 119 , 120 n.1 (D.C.Cir.1977); Walther & Cie v. United States Fidelity & Guaranty Co., 397 F.Supp. 937, 946 (M.D.Pa.1975) 67 See Corbin on Contrac…
examined Cited as authority (rule) Village of Kaktovik v. Watt (3×) also: Cited "see"
D.C. Cir. · 1982 · confidence medium
See also Dacanay v. Mendoza, supra, 573 F.2d at 1078 ; Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975); Kukla v. National Distillers Products Co., 483 F.2d 619 (6th Cir. 1973).
cited Cited as authority (rule) Bergstrom v. Sears, Roebuck and Co.
D. Minnesota · 1982 · confidence medium
Aro Corp. v. Allied Witan Co., 531 F.2d 1368, 1371 (6th Cir.), cert. denied, 429 U.S. 862 , 97 S.Ct. 165 , 50 L.Ed.2d 140 (1976); Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975).
cited Cited as authority (rule) Lee v. Hunt
W.D. La. · 1979 · confidence medium
Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975).
cited Cited as authority (rule) Foster v. Boise-Cascade, Inc.
S.D. Tex. · 1976 · confidence medium
See United States v. Allegheny-Ludlum Indus., Inc., 517 F.2d 826 , 850 (5th Cir. 1975); Wood v. Virginia Hauling Co., 528 F.2d 423, 426 (4th Cir. 1975).
discussed Cited "see" Danny K. Melton Nellie H. Melton v. Keith Pasqua Carl Robert Saathoff Universal Commodity Corporation Commodity Futures Trading Commission
4th Cir. · 2003 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975) (stating that a reviewing court is to conduct an evidentiary hearing to discern the terms of the settlement agreement or to determine that there was no such agreement when there is a factual dispute over the terms of a settlement agreement).
discussed Cited "see" Melton v. Pasqua
4th Cir. · 2003 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975) (stating that a reviewing court is to conduct an evidentiary hearing to discern the terms of the settlement agreement or to deter- mine that there was no such agreement when there is a factual dispute over the terms of a settlement agreement).
cited Cited "see" Columbus-America Discovery Group v. Atlantic Mutual Insurance
4th Cir. · 2000 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 426 (4th Cir.1975) (district court may either implement a complete settlement agreed to by the parties or restore them to the status quo).
discussed Cited "see" Columbus-America Discovery Group v. Atlantic Mutual Insurance Company
4th Cir. · 2000 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 426 (4th Cir. 1975) (district court may either implement a complete settlement agreed to by the parties or restore them to the status quo). 26 The Settlement Agreement entered into by Columbus-America and the Underwriters was expressly conditioned upon the"[p]arties signing a `Dismissed Agreed' order dismissing all claims of the parties with prejudice." The proposed agreed dismissal order stated in pertinent part:On representation of the parties by their counsel that the parties have completed the division of the res as set forth in the Settlemen…
cited Cited "see" Young v. Federal Deposit Insurance Corporation
1st Cir. · 1997 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975). 71 In the instant case, the district court did not abuse its discretion in enforcing the terms of the release agreement.
cited Cited "see" Young v. Federal Deposit Insurance
4th Cir. · 1997 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975).
discussed Cited "see" Guinness Plc Guinness America, Incorporated v. Thomas Joseph Ward, (Two Cases)
4th Cir. · 1992 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975) (“A settlement agreement by definition should end litigation.”); Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction §§ 3533.2 and 3533.10.
cited Cited "see" Wille C. Jones v. City of Richmond, a Municipal Corporation of the Commonwealth of Virginia Beryl T. Carter, Individually and in Her Official Capacity as Director of Personnel for the City of Richmond Frank Duling, Individually and in His Official Capacity as Chief of Police for the City of Richmond Jack W. Fulton, Individually and in His Official Capacity as Director of Public Safety
4th Cir. · 1986 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir.1975); West v. Bank of Commerce & Trusts, 167 F.2d 664, 666 (4th Cir.1948) ; United States v. Texas, 523 F. Supp. 703, 711 (E.D.Tex.1981).
cited Cited "see" Frederick L. Millner v. Norfolk & Western Railway Company, a Corporation
4th Cir. · 1981 · signal: see · confidence high
See Wood v. Virginia Hauling Co., 528 F.2d 423, 425 (4th Cir. 1975); Kukla, 483 F.2d at 621 .
Retrieving the full opinion text from the archive…
Benjamin H. WOOD, Jr., Appellant,
v.
VIRGINIA HAULING COMPANY Et Al., Appellees
75--1408.
Court of Appeals for the Fourth Circuit.
Dec 19, 1975.
528 F.2d 423
Israel Steingold, Richmond, Va. (Jeffrey M. Steingold, Richmond, Va., on brief), for appellant., John H. O’Brion, Jr., Richmond, Va. (J. W. Morris, III, Richmond, Va., on brief), for appellee.
Butzner, Craven, Russell.
Cited by 38 opinions  |  Published
CRAVEN, Circuit Judge:

This case is presented to us in the guise of whether the district Clerk erred in the taxation of costs and whether the district judge abused his discretion in declining to review the bill as taxed by the Clerk. We view the matter differently. It seems to us to present a not so simple problem of court administration: whether the parties agreed upon a settlement; if so, the proper implementation of it; if not, supervised rescission of partial execution.

The case began as one in tort with jurisdiction based upon diversity of citizenship. After negotiation between counsel, Mr. Steingold, attorney for the plaintiff^ wrote to confirm “our compromise settlement . . . for $30,000 plus all taxable costs.” Ten days later Mr. O’Brion, counsel for the defendant, responded, enclosing a settlement draft in the amount of $30,000 payable to the plaintiff Wood and his attorney, a release and settlement agreement, a dismissal order, and the firm check of Mr. O’Brion’s law firm for “court costs.” The check for court costs was in the amount of $97.44 and represented costs incident to the filing of the complaint and the service of subpoenas.

The settlement agreement sent to Mr. Steingold by Mr. O’Brion was a general release and contained no mention of costs. Without authority from-'. Mr. O’Brion, Mr. Steingold typed into the settlement agreement an exception to the general release reading as follows: “with the exception of allowable costs to be assessed by the court.” Steingold and Wood then cashed the $30,000 check and returned the modified release and settlement agreement to Mr. O’Brion.

Subsequently Mr. Steingold asked that Mr. O’Brion and his client pay certain expenses incurred by the plaintiff with regard to the obtaining of depositions at various places far removed from the jurisdiction, in the total amount of $2,628.09. When the amount was not paid, Mr. Steingold sought to have that amount taxed by the Clerk as costs to be imposed upon the defendants in the case. The Clerk declined to do so on the ground that the case had been settled and that the practice of the Richmond division of the district court was not to tax costs in settled cases “as the attorneys are to agree to costs in the settlement.” Thereafter the district judge declined to require the Clerk to tax the costs on the ground that the question of whether Mr. O’Brion and his clients should pay the sum of $2,628.09 depended upon whether the sum was agreed upon in the settlement agreement, and would not depend upon whether it was designated “costs” or even taxed as “costs.” Dissatisfied with the judge’s view of the matter, Mr. Steingold continued to insist that the question of what is a taxable cost item should be resolved by[*425] the Clerk. Finally Mr. O’Brion agreed (by letter of January 10, 1975) to the Clerk taxing costs as of November 8, 1974. The Clerk proceeded to do so, taxing costs in the amount of $76.64, and refusing to include the expenses of taking depositions amounting to some $2,550.

The district judge declined to review the taxation of costs, correctly perceiving that the dispute was not over costs as such but whether the purported settlement agreement contemplated payment of a relatively small sum or a vastly larger one as “costs.”

We vacate the taxation of costs in the amount of $76.64, and remand to the district court with instructions.

A United States district court has inherent power to supervise and aid the implementation of settlement agreements in pending litigation. There is here a fact dispute which can only be resolved by an evidentiary hearing. If there was ever a settlement agreement, it cannot be discerned from Mr. Stein-gold’s letter and Mr. O’Brion’s response. Tendering a check to Mr. Steingold in the amount of $97.44 for “court costs” is certainly not an agreement to pay “all taxable costs” if the latter phrase is interpreted to mean some $2,500 more, as Mr. Steingold would construe it. Nor can Mr. Steingold change the agreement by inserting into the release a phrase not authorized by Mr. O’Brion.

On remand, the district judge should determine whether or not there was a meeting of the minds between the parties and their counsel as to what amount of money, in addition to the $30,000, would be paid by Mr. O’Brion’s client. This inquiry may require a determination of whether counsel, in the course of their negotiations, spoke of “court costs” or of “taxable costs,” or used other words having a precise meaning and indicating with particularity what items of “costs” were to be included.

The task of the district court upon remand is to find, if he can, the terms of the complete settlement agreement, or determine that there was none. A settlement agreement by definition should end litigation. Court clerks and federal judges cannot-monitor the disintegration of a cause of action by bits and pieces. Accordingly, if the district judge should determine after an evidentiary hearing that there was an agreed upon settlement that can be translated into terms of dollars and cents, he should enforce payment of precisely that amount. It is settled that he has the power and authority to do so. Kukla v. Nat’l Distillers Products Co., 483 F.2d 619 (6th Cir. 1973); Massachusetts Casualty Insurance Co. v. Forman, 469 F.2d 259 (5th Cir. 1972). If he should determine that there was no meeting of the minds, that there was never complete agreement on the terms of the settlement, then the $30,000 received by Mr. Steingold and his client must be returned to Virginia Hauling Company. In the latter event, the case would, of course, be restored to the calendar and come to trial with the parties placed in precisely the same position vis-a-vis one another monetarily as they occupied before the alleged “settlement” of this case. Hester v. New Amsterdam Casualty Co., 268 F.Supp. 623 (D.S.C.1967). To assure compliance with whatever order may be entered, the district court, in its discretion, may join Mr. Steingold and Mr. O’Brion as parties defendant. It may also require them and their clients to testify under oath with respect to the authority of counsel to agree upon a settlement, for there can be no agreement without express authority. See generally Autera v. Robinson, 136 U.S.App.D.C. 216, 419 F.2d 1197 (1969).

We reject the notion that the case was settled upon payment of the $30,000 and that the dispute over the remaining sum to be paid is a separate matter. We think it is of one piece. It would be wholly impractical to view it otherwise. Because jurisdiction rested upon diversity of citizenship, and because of the $10,-000 jurisdictional requirement, it would not even be possible to litigate the remaining portion of the dispute in federal[*426] court. We think it intolerable to put upon the parties and the state courts the burden of finishing the tail end of a federal case. There is no such thing as half settlement or even 95 percent settlement. It is for the district court either to implement a complete settlement agreed upon by the parties or to restore them to the status quo prior to partial execution of an aborted contract. There can be no in-between. It is settlement vol non.

Vacated and remanded.