Gutierrez v. Sundancer Indian Jewelry, Inc.

The result reached by the majority opinion does not concern me as much as the way it gets there. The majority’s discussion of both defenses raised by Defendant — (1) accord and satisfaction and (2) absence of a common-law cause of action — glosses over or ignores doctrines that have commanded the respect of the great weight of authority. I fear that the majority’s freewheeling opinion will generate a great deal of confusion for practitioners and the courts.

I. ACCORD AND SATISFACTION

As stated in the second sentence of the majority opinion, “[t]he parties entered into a settlement agreement.”…