United States Third Circuit

Without a price, terms, or conditions, a right of first refusal creates a dormant right of preemption, the right to receive an offer before others do, based on third party information that cannot be exercised until receipt of a bona fide third party offer.

Appellate Information

• Argued 10/06/2000
• Decided 03/09/2001
• Published 03/09/2001

Judges

• ROSENN, Circuit Judge., Before BARRY, AMBRO, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James W. Dabney (Argued), Katharine E. Smith, Pennie & Edmonds, LLP, New York, NY, Counsel for Appellant.


• For Appellees:
  
• Lawrence M. Rolnick, (Argued), Michael D. Lichtenstein, Lowenstein Sandler, PC, Roseland, NJ, Counsel for Appellee.