NEWS: Judges toss Pottsville business’ lawsuits (Spice it Up)

OUCH!!!!!! It is my understanding that a company, no matter what, can not prevent someone from making a living. It's a "right to work". Maybe it depends on your state. But I am almost positive that PA is one of them!!

Way to go Jen Hasseler!!

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Judges toss Pottsville business’ lawsuits
BY PETER E. BORTNER
STAFF WRITER
pbortner@republicanherald.com
04/12/2008

Schuylkill County judges dismissed on Tuesday lawsuits a Pottsville adult party business filed against two of its out-of-state distributors.

In separate but similarly worded opinions, Judges John E. Domalakes and Charles M. Miller rejected lawsuits filed by Spice It Up Parties Inc. against Stacey Carter, Illinois, and Jennifer Hasseler, Minnesota.

Spice It Up Parties did not draft its agreement with distributors such as Carter and Hasseler with sufficient specificity for it to be enforced as a contract against them, Domalakes and Miller each wrote.

Each judge rejected Spice It Up Parties’ claims for breach of contract, tortious interference with business relations and breach of duty of loyalty.

“Mutual consideration is (necessary) for a contract to exist,” and the agreement is not a contract because there is no evidence that either Carter or Hasseler received anything under the agreement, according to each opinion.

The corporation filed the lawsuits on Aug. 14, alleging the women violated their agreement by agreeing to become distributors for one of its competitors, For Your Pleasure Inc. It demanded as much as $50,000 in damages from each woman.

However, each judge ruled the agreement is not a contract because of the lack of consideration to the women. Since the agreement is not a contract between the corporation and the women, no lawsuits can be based on it, the judges ruled.

Furthermore, since the corporation did not allege the existence of any trade secrets or confidential relationship, neither woman can be held liable for the breach of a duty of loyalty, according to the opinions.


©The REPUBLICAN & Herald 2008