Re: MY OBSERVATION RE WENCOR SETTLEMENT VS APPEAL...sman998...
in response to
by
posted on
Mar 15, 2009 06:53PM
Excellent post. Everything you say is absolutely correct...
You even covered all possibilities, by saying:...
"Even if appeal , moved to WASHINGTON , there is going to be a big and tremendous ambiguity in interpretation of non disclosure agreement in that state"...
I would like to note that in deciding the applicability of California Law to the case, the UTAH Court was following long establied "Conflict of Laws Rules" long established by the U.S Supreme Court...
Although the Court does not specifically state it, based on the facts presented they must have concluded that the "Agreement" was formed in California, thus calling for application of California Laws...
For example, if "the poorly drafted agreement, (as noted by the Court), was mailed to EDIG and was signed in California, that would call for application of California Laws, as the "Agreement" was exectuted when signed by EDIG in California...So, there is no chance that the case may go to Washington because it was originated there...
I am affraid BOW lost this one, and his options on appeal are limitted...
Gil...