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Charity Swift v. Frontier Airlines, Incorporated, 4th Cir. (2016)
Charity Swift v. Frontier Airlines, Incorporated, 4th Cir. (2016)
No. 15-1261
INCORPORATED,
Colorado
corporation;
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:14-cv-01139-AJT-IDD)
Submitted:
Decided:
January 7, 2016
PER CURIAM:
Charity Chidinma Emeronye Swift appeals from the district
courts order granting Frontier Airliness motion to enforce an
oral settlement agreement and dismissing Swifts action.
We
hold that the district court did not abuse its discretion in
enforcing the settlement agreement.
When
considering
agreement,
the
principles.
district
Thus, we affirm.
motion
court
to
enforce
applies
settlement
standard
contract
inherent equity power, the district court (1) must find that
the parties reached a complete agreement and (2) must be able to
determine its terms and conditions.
Inc.,
277
F.3d
district
courts
decision
to
discretion.
535,
540-41
findings
enforce
Id. at 541.
(4th
of
Cir.
fact
settlement
for
2002).
clear
agreement
We
error
for
review
and
its
abuse
of
subject
interpretation.
Cir. 1991).
to
the
general
principles
of
contract
no
binding
settlement
agreement
exists.
First,
Swift
creation
of
an
enforceable
agreement.
However,
when
questioned, Swifts counsel (who was also her husband) could not
reference
any
discussion
such a requirement.
was
understood,
or
other
objective
manifestation
of
although
not
explicitly
verbalized,
Virginia
(Va.
2007).
Virginia
courts
require
an
objective
terms of a contract.
Id. at 176.
Swift
contends
release,
that
together
with
the
the
very
fact
existence
of
that
release
the
the
the
mere
existence
of
an
unsigned
and
subsequent
App.
2001)
(holding
that,
once
contract
is
formed,
attempt to add new terms does not void the contract, but rather
relates to the performance of the contract).
In addition, in
regarding
any
of
the
allegedly
additional
terms,
undermining her assertion that the release added terms and was
fundamentally unfair.
agreement.
hearing
on
the
Specifically,
motion
Swift
4
to
enforce
claims
that
the
the
settlement
following
In
determining
whether
to
enforce
settlement
can
nonperformance
be
is
determined,
as
comparatively
find
that
the
long
as
unsubstantial,
the
the
excuse
for
court
may
abuse
its
Id. at 540.
district
court
did
not
claim
that
there
was
no
meeting
of
the
minds
was
Both
Nor do
Next,
Swift
contends
that
the
settlement
agreement
is
preyed
settlement.
on
her
emotional
state
in
securing
an
unfair
Frontiers
counsels
misconduct
and
her
own
emotional
state.
If inadequacy of price or inequality in value are the only
indicia
of
unconscionability,
38182
readily
(Va.
show
the
case
must
be
extreme
to
1920).
that
the
Other
factors,
bargain
was
however,
legally
may
more
unfair
and
or
old
evidence
age,
of
ignorance,
incapacity,
or
weakness
pecuniary
of
mind,
necessities.
the
factors
unconscionability.
inequitable.
Nor
do
First,
is
not
the
there
support
bargain
any
that
argument
is
Frontiers
Frontier
not
counsel
preyed
on
credible.
badgered
her
Swift
or
6
was
indication
finding
not
of
obviously
that
Frontier
does
strong
state,
this
not
contend
that
armed
her
during
negotiations.
In
fact,
Swift
contends
the
opposite
that
that was accepted was made by Swift herself, who is a lawyer and
who was represented by counsel at the settlement negotiations.
Given the undisputed facts, we conclude that the district court
did not abuse its discretion in rejecting the claim that the
contract was unconscionable.
Finally,
amounted
to
asserts
that
enters
into
Swift
a
contends
requirement
signing
the
that
that
release
agreement
would
the
she
district
sign
that
be
the
states
courts
order
release.
She
that
perjury.
she
freely
However,
the
Thus,
the release was not part of the oral contract and need not be
executed.
Thus, we affirm the district courts order.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and