Liberty Fencing Club, LLC v. Fernandez-Prada, PICS Case No. 17-1230 (E.D. Pa. July 14, 2017) Kelly, J. (27 pages).
The court found that it could not determine to a legal certainty that fencing club could not meet the $75,000 amount in controversy requirement in fencing club's breach of contract and unjust enrichment action against fencing coach and club pleaded sufficient facts to form the elements of breach of contract and breach of the noncompete agreement because coach's argument that he had no obligation to schedule any classes at all was an "evasion of the spirit of the bargain." Motion to dismiss denied.
August 11, 2017 at 02:06 PM
3 minute read
Jurisdiction • Amount in Controversy • Non-competition Agreement • Unjust Enrichment
Liberty Fencing Club, LLC v. Fernandez-Prada, PICS Case No. 17-1230 (E.D. Pa. July 14, 2017) Kelly, J. (27 pages).
The court found that it could not determine to a legal certainty that fencing club could not meet the $75,000 amount in controversy requirement in fencing club's breach of contract and unjust enrichment action against fencing coach and club pled sufficient facts to form the elements of breach of contract and breach of the non-compete agreement because coach's argument that he had no obligation to schedule any classes at all was an “evasion of the spirit of the bargain.” Motion to dismiss denied.
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