· 12/15/1997
Bernard P. Ciaramella v. Reader's Digest Association, Inc.
Citations
- 131 F.3d 320
- 7 Am. Disabilities Cas. (BNA) 1035
- 22 Employee Benefits Cas. (BNA) 1046
- 1997 U.S. App. LEXIS 35139
- 1997 WL 765601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that references to “effective date” indicated that “parties did not intend to bind themselves until the settlement had been signed”
- holding that a statement that a draft agreement “shall not become effective . . . until it is signed by [the parties]” constituted strong evidence that that draft agreement was not intended as a binding contract
- finding that the complexity of an eleven-page settlement agreement with provisions applying “into perpetuity” militated in favor of requiring a formally executed writing
- finding that the clause “This Settlement Agreement and General Release shall not become effective (‘the Effective Date’
- stating that “there is no material difference between the applicable state law or federal common law standard”
- finding that there is no material difference between New York state law or federal common law standards on this issue
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Meskill, Calabresi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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