In this case, the District of Massachusetts held that a covenant not to sue which contained "drastic penalties" for breaching the covenant "offended the intent of Congress" in passing the ADEA and OWBPA because it put employees in a "cynical 'catch-22.'
Massachusetts v. Bull HN Information Systems, No. Civ. 97-11326NG, 1998 WL 470406 (D. Mass. Aug. 7, 1998).