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Publication Date: 2020-05-11
Practice Area: Contracts
Industry: Insurance | Software
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Ranjan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0479
Parties were required to arbitrate where sublicensee was granted its rights conditioned on accepting agreement containing arbitration clause, and where clear terms of the arbitration clause evidenced intent of the parties to delegate arbitrability questions to the arbitrator. Plaintiff's motion to compel arbitration granted.
Publication Date: 2020-04-20
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0300
Defendant transferees were not entitled to summary relief on plaintiffs' claim for specific performance of their right of first refusal given long-standing precedent recognizing that such a right may be enforced by compelling the promisor and transferee to convey the subject property to the right holder upon tender of the sale price paid by the transferee. The court denied defendants' motion.
Publication Date: 2020-04-20
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0335
Plaintiff was not entitled to an equitable decree granting the company the right to shut off sewer services provided to defendant in the event of non-payment for such services where the parties' agreement did not provide for such relief and plaintiff had an adequate remedy at law. The court granted defendant's cross-motion for judgment on the pleadings.
Publication Date: 2020-03-23
Practice Area: Contracts
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Schwab
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0317
Attorney who worked under another attorney was not entitled to recover the fees awarded in a settlement where the parties had no agreement to split legal fees and where it was reasonable for the primary attorney who advanced the costs of the litigation to receive the fee award for his risk. Defendants' motion for summary judgment granted.
Publication Date: 2020-03-23
Practice Area: Contracts
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0311
The district court declined to broaden the scope of the defendant franchisor's duties to its franchisees beyond those defined in the franchise agreements as neither the Pennsylvania Supreme Court nor the U.S. Court of Appeals for the Third Circuit has definitively held that the duty of good faith extends beyond actually franchise termination. The court granted defendant's motion for summary judgment.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2020-03-16
Practice Area: Contracts
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0208
The court dismissed plaintiff's claim for breach of an employment contract, because she never satisfied the conditions associated with defendant's offer. The parties' employment arrangement was at-will, and defendant was entitled to terminate plaintiff's employment.
Publication Date: 2020-03-09
Practice Area: Contracts
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge New
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0180
A nursing home arbitration agreement was procedurally and substantively unconscionable, so the court properly overruled defendants' preliminary objection.
Publication Date: 2020-02-24
Practice Area: Contracts
Industry: Automotive | Retail
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0200
Appellants appealed the dismissal of their Unfair Trade Practices and Consumer Protection Law and common law fraud action over a car purchase and court found the retail purchase agreement provided the buyer's agreement was "part of" the parties' agreement, the "as-is" box was checked in the buyer's guide and appellants' signatures showed they reviewed the documents and elected not to obtain any dealer warranty. Affirmed.
Publication Date: 2020-02-03
Practice Area: Contracts
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0099
Plaintiffs could not sustain their claims against the defendant cemetery operators where there was no evidence that defendants breached any duties owed to plaintiffs under their respective sepulcher agreements and no intentional or wanton mistreatment of a body. The court granted defendants' motion for summary judgment.
Publication Date: 2019-12-16
Practice Area: Contracts
Industry: Construction | Manufacturing
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1440
Failure to certify foreign judgment left the trial court without jurisdiction since there was a fatal defect on the record before the court being asked to enforce the judgment. Order of the trial court reversed.
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