During a civil trial, the parties entered into a high-low agreement — regardless of the outcome, the defendant would pay no more than $2.7 million and no less than $900,000. After the jury returned an $8.6 million verdict, the plaintiffs asserted that the defendants had breached the agreement. The defendants moved to enforce the agreement, but the trial judge ruled that it lacked jurisdiction to resolve the issue. Today, CA3 reversed, and it remanded to let the district court decide whether the deal was breached.
The case was Bryan v. Erie County Office of Children & Youth. Opinion by Fuentes, joined by Fisher and Stark D.Del. by designation. Arguing counsel were Sheila Haren for the trial defendants and Jay Paul Deratany for the plaintiffs.