Contract Interpretation

Plaintiff, the former employer of the defendant insurance broker, sued to enforce his amended employment agreement. Defendant moved to dismiss, claiming that the agreement had been superceded by an exit agreement, that a later stock purchase agreement had served as a novation of the employment agreement, and finally that the non-competition provisions in the employment

Following a thorough discussion of the elements of a valid contract, the Court found a question of material fact whether the parties had agreed on all the material terms of the contract which plaintiff claimed entitled him to a significant bonus. Plaintiff was not required to show that the bonus had actually been paid in

This case involved "tobacco law." The Court found that the enactment of the Fair and Equitable Tobacco Reform Act of 2004 ("FETRA") on October 22, 2004 activated the Tax Offset Adjustment provision in the National Tobacco Grower Settlement Trust created as a part of the Master Settlement Agreement, which permitted the Settlors under the Trust

The issue was whether plaintiff, which had presented a letter of intent to purchase the a non-party bottling company, had a valid and enforceable agreement. The Court found that the letter of intent was an agreement to agree at a future date which was subject to a future, more complete acquisition agreement, and it therefore