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Contracts Keyed to Epstein
Qwinstar Corporation v. Anthony
Citation:882 F.3d 748 (2018)
Anthony contends that Qwinstar breached the employment agreement (EA) by terminating his employment prior to the expiration of the full five-year term. According to Qwinstar, the EA clearly provides for the continued payment of Anthony’s salary only if the Agreement itself is terminated by his death or disability. Even assuming the EA is ambiguous, Qwinstar contends that the district court improperly relied on one interpretive device to the exclusion of all others, and parol evidence reveals the parties’ intent. Analyzing the language of the contract, the district court found that if Anthony’s employment is terminated, Qwinstar owes him nothing beyond his salary and benefits accrued to his termination. On the other hand, the court noted that the second clause guarantees Anthony his full five-year salary if the agreement is terminated for any reason. After concluding that this provision was ambiguous, the court applied the interpretive aid – ambiguous contracts are construed against the drafter.
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