COVINGTON v. CONTINENTAL GENERAL TIRE, INC.

No. 03-3059.

381 F.3d 216 (2004)

Mary Lou COVINGTON; Harry Covington, her husband, Plaintiffs v. CONTINENTAL GENERAL TIRE, INC.; Sears Roebuck and Co., Defendants and Third Party Plaintiffs v. Emma Jean Williams, Third Party Defendant Emma Jean Williams; James H. Williams, her husband; Jamie Williams, by and through her guardian, James H. Williams, Plaintiffs v. Continental General Tire, Inc.; Sears Roebuck and Co., Defendants and Third Party Plaintiffs v. Emma Jean Williams, Third Party Defendant Richard Abrams; Sheila Abrams, his wife, Plaintiffs v. Continental General Tire, Inc.; Sears Roebuck and Co., Defendants and Third Party Plaintiffs v. Emma Jean Williams, Third Party Defendant Mary Lou Covington; Harry Covington, her husband; Emma Jean Williams; James H. Williams, her husband; Jamie Williams, by and through her guardian, James H. Williams; Richard Abrams; Sheila Abrams, his wife, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 20, 2004.


Attorney(s) appearing for the Case

Daniel P. Lynch, (argued), Lorraine N. Mackler, Daniel P. Lynch & Associates, Cranberry Township, PA, for Appellants.

Clem C. Trischler, Timothy R. Smith (argued), Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Appellee Continental General Tire Co.

Before NYGAARD, McKEE and CHERTOFF, Circuit Judges.


McKEE, Circuit Judge.

In this action to enforce a settlement agreement, we are asked to decide whether Pennsylvania law requires an attorney to have express authority to settle a suit on behalf of a client or whether apparent authority is sufficient to enforce a settlement agreement. For the reasons that follow, we hold that the Pennsylvania Supreme Court would require express authority under the circumstances here. We will therefore reverse.

I. FACTS AND...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases