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Publication Date: 2023-04-11
Practice Area: Contracts
Industry: Insurance | Travel and Tourism
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Tamara D. Bruno, Pillsbury Winthrop Shaw & Pittman, Houston, TX; Peter M. Gillon, Jesse N. Vazquez, Pillsbury Winthrop Shaw & Pittman, Washington, DC; Brandon R. Harper, Carla M. Jones, Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE for appellant.
for defendant: Robert L. Ebby, Ronald P. Schiller, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for appellee.
Case Number: 22-1554
The court affirmed the decision of the District Court dismissing an unjust enrichment claim on the basis that an existing enforceable contract between the parties precluded plaintiff's ability to bring an unjust enrichment claim.
Publication Date: 2023-04-10
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2264
Court declined summary judgment on dispute over supplier's assessment of surcharges where there was evidence the surcharges were imposed in bad faith to prevent buyer from exercising its contractual shop clause rights when the supplier would increase unit costs. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2023-03-27
Practice Area: Contracts
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 5396 CV 2022
In plaintiff's suit for possession of real property occupied by defendants, the parties' pleadings failed to establish key facts surrounding plaintiff's alleged agreement to transfer ownership of her deceased son's property. The trial court denied plaintiff's motion for judgment on the pleadings.
Publication Date: 2023-02-20
Practice Area: Contracts
Industry: Automotive | Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1271
The court directed the parties to submit their claims and disputes to binding arbitration due to the clear and unambiguous language contained in an arbitration clause provision of an installment sales contract. As the court noted that the claims were subject to arbitration, they held that they lacked jurisdiction and authority to decide the remaining issues in the preliminary objections.
Publication Date: 2023-01-30
Practice Area: Contracts
Industry: Real Estate | Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21 CV 5426
The court sustained defendant company's preliminary objections to plaintiff's complaint sounding in claims arising under the Fifth Amendment's Takings Clause. Specifically, applying basic contract principles, the court found that a settlement agreement binding the parties' predecessors-in-interest barred future litigation regarding the property.
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Publication Date: 2023-01-23
Practice Area: Contracts
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 161 WDA 2022
Denial of petition to strike lis pendens was not an appealable order as it did not impair property rights and therefore did not fall within the collateral order doctrine. Appeal quashed.
Publication Date: 2023-01-23
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6929 CIVIL 2021
Defendants did not deny in their answers to various discovery demands that the work they performed on a contract for a concrete foundation was defective, not suitable for its intended purpose and not up to industry standards; therefore, the record was sufficient to demonstrate a breach of contract. The court granted plaintiff's motion for partial summary judgment.
Publication Date: 2023-01-16
Practice Area: Contracts
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 2016-03634
The court dismissed borrower appellant's appeal in a mortgage foreclosure action on the basis that the parties had an express contract stating that New Jersey Law, rather than Pennsylvania law, would apply to determine the parties' remaining contractual obligations under a commercial loan transaction.
Publication Date: 2023-01-16
Practice Area: Contracts
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 289 WDA 2022
Trial court properly ruled sua sponte that it lacked subject matter jurisdiction because there was no dispute between the parties in publisher's declaratory judgment action against author asserting an arbitration clause required author to pursue any potential breach of contract claims before an arbitrator. Affirmed.
Publication Date: 2023-01-16
Practice Area: Contracts
Industry: Food and Beverage
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00570
While the parties' contract gave defendant unilateral discretion to cancel a distributorship contract if it reached the opinion that a distributor was involved in criminal activity, employer was required to have some good faith basis to reach that conclusion, necessitating discovery in this matter. The court overruled defendant's preliminary objection.
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