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Publication Date: 2024-01-08
Practice Area: Contracts
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1091
Defendants moved to compel arbitration of plaintiff's suit for breach of contract. The court denied defendants' motion where the contractual arbitration clause in the parties' original agreement was superseded in pertinent part by later contractual amendments agreed upon by the parties.
Publication Date: 2023-12-25
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-02972-JMG
Defendant moved for a new trial after a jury found it liable to plaintiff for breach of contract. The court denied the motion.
Publication Date: 2023-12-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Food and Beverage | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1907
Defendant labor union sought summary judgment in plaintiff employer's action alleging violations of the no-strike clause in the parties' collective bargaining agreements. The court granted union's motion and entered judgment in its favor.
Publication Date: 2023-12-04
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 1833 CV 2023
Plaintiff homeowners filed preliminary objections to defendant contractor's counterclaims for fraud in the inducement and fraud regarding the parties' contract for residential construction and repairs. The court denied the preliminary objections.
Publication Date: 2023-11-06
Practice Area: Contracts
Industry: Construction | Hospitality and Lodging
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 217 WDA 2023
Trial court properly dismissed mechanics' lien claim where lien sought to recover the value of leased equipment and rental payments but the Mechanics' Lien Law only permitted recovery for "materials" that were incorporated into or used on the property. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-02
Practice Area: Contracts
Industry: Construction
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 2394 EDA 2022
Trial court had discretion to invalidate arbitration clause in home improvement contract because it did not meet all statutory requirements for such clauses. Order of the trial court affirmed.
Publication Date: 2023-09-25
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.
Publication Date: 2023-09-18
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 193
Plaintiffs sued regarding a property transaction with defendant. Defendant's motion for summary judgment was granted on all counts because defendant acted in compliance with the contract between the parties.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2013
District court erred in dismissing students' complaint for refund of tuition and fees after their universities transitioned to fully remote instruction in response to the COVID-19 pandemic, where students had plausibly alleged that they had an implied contract for on-campus programming in exchange for their tuition and fees. Orders of the district court affirmed in part and reversed and remanded in part.
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 3:14-CV-853
Plaintiff and defendant filed competing motions for enforcement of a 2017 settlement agreement. The court denied the motions.
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