Rosenthal v. Fonda
United States Court of Appeals for the Ninth Circuit
862 F.2d 1398 (1988)
Relevant factsFree
Actress Jane Fonda (defendant) orally agreed to pay attorney Richard Rosenthal (plaintiff) 10 percent of what she earned on projects initiated while he worked for her, even if she wasn't paid until after he stopped working for her. After Fonda fired Rosenthal, he sued for 10 percent of earnings on projects begun during his tenure but paid out afterward. The district court held New York's statute of frauds -- not California's -- governed and barred the oral commission claim.
IssueFree
Whether the statute of frauds bars a claim based on an oral contract that is not to be performed within one year.