Opinion

Margaret Farris Charles Farris, H/w v. Jc Penney Company, Inc

  • 176 F.3d 706
  • 1999 U.S. App. LEXIS 9357
  • 1999 WL 308803
Court
Court of Appeals for the Third Circuit
Filed
May 17, 1999
Status
Published
Author
Nygaard
On the bench
Mansmann, Scirica, Nygaard
Cited by
10 cases
Authority
More cited than 26.0%

noting that the Pennsylvania Supreme Court has never invoked the doctrine of apparent authority to enforce a settlement agreement, but at best, "has left the applicability of the doctrine open...." citing Rothman v. Fillette, 503 Pa. 259, 469 A.2d 543 (1983)

How later courts described this case

  • noting that the Pennsylvania Supreme Court has never invoked the doctrine of apparent authority to enforce a settlement agreement, but at best, "has left the applicability of the doctrine open...." citing Rothman v. Fillette, 503 Pa. 259, 469 A.2d 543 (1983)
  • "At best, the court has left the applicability of the [apparent authority] doctrine open, seeming to suggest in Rothman ... that apparent authority might be used to enforce a settlement given the right set of facts."
  • “[T]he ‘crucial question in ascertaining whether apparent authority has been created is whether the principal has made representations concerning the agent’s authority to the third party.’” (quoting Edwards v. Born, Inc., 792 F.2d 387, 390 (3d Cir. 1986))

Written by the judges who cited it.

The opinion

NYGAARD, J.,

Concurring.

I concur in the judgment. I believe, however, that it is neither necessary nor desirable • that we predict whether the Pennsylvania Supreme Court would recognize apparent authority in this odd situation, because as the majority opinion makes clear, Farris learned of the settlement agreement within minutes and immediately repudiated it. Under these facts, I view this as a contemporaneous repudiation of whatever agreement her attorney reached with counsel for the defendant.

Alternatively, I would, suggest that we certify the apparent authority issue to the Pennsylvania Supreme Court for it to decide. In Hakimoglu v. Trump Taj Mahal Assoc., 70 F.3d 291, 304 (3rd Cir.1995), we said that an issue should be certified to the state court “when: (1) the issue is one of importance; (2) it may be determinative of the litigation; and, (3) state law does not provide controlling precedent through which the federal court could resolve the issue.” I think this case qualifies. In any event, I would avoid making the prediction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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