A walk-away resolution dismisses the claim without payment, with each side bearing its own fees and costs. It typically accompanies a mutual release.
It reflects a plaintiff's assessment that continued litigation is not worthwhile.
Alternative Names:
Walk-Away, Zero Settlement
Why it Matters?
Walk-aways usually follow a dispositive development such as an adverse expert ruling, a damaging deposition, or a records finding that undermines the claim. Recognizing when a plaintiff has reached that assessment and offering a walk-away rather than a nominal payment preserves the defense posture. Documenting the dismissal with prejudice matters, since a dismissal without prejudice leaves the claim available for refiling.
Frequently Confused with
Related terms
Frequently asked questions
What typically precedes a walk-away?
What should the dismissal specify?
