Covington v. Continental General Tire, Inc.

McKEE, Circuit Judge.

In this action to enforce a settlement agreement, we are asked to decide whether Pennsylvania law requires an attorney to have express authority to settle a suit on behalf of a client or whether apparent authority is sufficient to enforce a settlement agreement. For the reasons that follow, we hold that the Pennsylvania Supreme Court would require express authority under the circumstances here. We will therefore reverse.

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiffs Emma Jean Williams, Jamie Williams, Mary Lou Covington, Richard Abrams,. and Sheila Abrams were passengers in…