I understand the OP's issue based on the dismissal. This is an unusual series of events. But since there was an agreement regarding the claim subsequent, it creates the appearance of an agreement as to the matter of the prosecution. The NDA might not prevent a separate case for defamation if what appears could possibly be taken as an admission that what was said was false. I understand how angry you must be but at some point you might want to consider how much more you're losing by expending all this effort and it would be even more to continue. Diminishing return. Best of luck.
