Documentos de Académico
Documentos de Profesional
Documentos de Cultura
No. 08-1240
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Claude M. Hilton, Senior
District Judge. (1:07-cv-00286-CMH-TRJ)
Argued:
Decided:
PER CURIAM:
Edwin Sheridan, as the executor of the Estate of Michael
Kirkland Casey, brought this breach of contract action against
Nationwide
summary
Retirement
judgment,
Solutions,
the
parties
Inc.
On
cross-motions
argued
that
the
for
underlying
the
case
could
summary judgment.
be
decided
J.A. 440.
in
their
respective
favor
on
the
dispute,
contract
but
they
is
nonetheless
and
the
vigorously
facts
are
disagree
not
over
in
the
I
Summary
judgment
is
appropriate
if
the
pleadings,
the
R.
Civ.
P.
56(c).
The
relevant
inquiry
in
summary
that
one
party
must
prevail
as
matter
of
law.
In doing so, we
generally must view all facts and draw all reasonable inferences
in the light most favorable to the nonmoving party.
Harris, 127 S. Ct. 1769, 1774 (2007).
Scott v.
Id. at 1776
When
resolve
all
factual
disputes
and
any
competing,
rational
The fact
that
judgment
neither
case
summary
both
sides
moved
for
summary
the
propriety
of
deciding
that
there
establish[es]
nor
requiring
that
another.
511
n.7
summary
(4th
Cir.
judgment
2002)
be
is
no
on
judgment,
499,
establish[es]
granted
(citations
and
issue
to
one
of
fact
side
quotation
or
marks
omitted).
We
have
noted
that
[a]
court
faces
conceptually
Transit Auth. v. Potomac Invest. Props., Inc., 476 F.3d 231, 235
(4th Cir. 2007) (quoting Goodman v. R.T.C., 7 F.3d 1123, 1126
(4th Cir. 1993)).
(quoting
Goodman,
F.3d
at
1126).
In
short,
summary
II
The underlying material facts, which are not disputed by
the parties, tend to establish that in October 1981, the City of
Chicago,
Illinois,
appointed
Nationwides
predecessor 3
as
the
compensation
a
portion
plan.
of
Under
their
this
plan,
compensation
in
participants
the
form
of
we
will
refer
to
Nationwides
Because
contract
Casey
with
was
the
instrumental
City,
Nationwide
in
helping
entered
secure
into
an
the
Agent
agreement.
contains
J.A.
Death
and
62-63.
Further,
Disability
the
Agent
provision
that
Agreement
states:
J.A. 64.
Casey
was
the
exclusive
coordinator,
administrator,
and
was
March
originally
set
to
expire
automatically
in
1994.
1989
ASA.
Several
of
these
amendments
predate
Caseys
death, including one that set the expiration date of the 1989
ASA for March 2003.
Caseys
death,
Nationwide
continued
to
pay
the
Agent
Agreement.
In
January
2003,
Nationwide
III
The gist of this case is whether Nationwide is obligated by
the Agent Agreement to pay commissions to Caseys estate after
March 2003.
speaking,
Nationwide
argues
that
it
is
not
after
Caseys
death,
by
definition
he
was
unable
to
For support,
executed
executed
after
his
before
his
death.
death,
Id.
but
not
(emphasis
on
in
contracts
original).
as
Nationwide
has
any
executed
agreement
that
the
payments
to
Casey
are
with
the
City
to
In essence, Sheridan
not,
as
Nationwide
they
are
also
in
recognition
of
his
significant
and
Nationwides
the
City.
argument
J.A.
requires
64.
the
In
Death
Sheridans
and
view,
Disability
or
unambiguous
if
interpretations.
it
We
is
have
on
its
face,
susceptible
carefully
and
to
a
two
considered
contract
is
reasonable
the
parties
it
is
ambiguous
with
respect
to
the
issue
of
Nationwides
The
the
Agent
Agreement
read
as
whole.
Accordingly,
the
note
that
Sheridan
has
presented
extrinsic
evidence
appropriate,
including
189,
195
(4th
Cir.
further
consideration
of
summary
(Because
the
parties
assert
supports
both
interpretations,
it
is
our
opinion
that
the
issue
inappropriate.
of
material
fact,
rendering
summary
judgment
factual
determination
as
to
the
actual
intent
of
the
parties.).
IV
Based on the foregoing, we vacate the summary judgment in
favor
of
Nationwide
and
remand
for
further
proceedings
11