• Thorson v. EDDW, LLC

    Publication Date: 2023-05-15
    Practice Area: Contractual Disputes
    Industry: Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01451

    Defendants, a luxury retail business and its agents, filed a post-trial motion alleging several claims of error following a trial in which the court found it breached oral business contracts made to plaintiffs, former employees. The errors raised on appeal included objections to procedure, evidentiary inferences, qualifications of an expert witness, and credibility findings. The court found that many of the claimed errors were waived and those that were not waived were not, in fact, errors.

  • Nations Fund I, LLC v. TSE Global Aviation, LLC

    Publication Date: 2023-04-24
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19 CV 5820

    Defendant sought summary judgment in plaintiff's action for breach of contract, contending that a co-defendant forged her signature on an unconditional aircraft lease guaranty. The trial court denied defendant's motion.

  • Gruver v. Kincaid

    Publication Date: 2023-04-17
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:20-cv-229-SPB

    Defendants moved to alter or amend judgment pursuant to Fed.R.Civ.P. 59(e) after they were found liable for damages in plaintiffs' action asserting breach of contract, violations of Pennsylvania's Home Improvement Consumer Protection Act and the Unfair Trade Practices and Consumer Protection Law and court found witness's testimony as to the degree of project completion served as a reasonable basis for the proposed calculation of overpayment damages and defendants' other arguments were a rehash of objections previously raised. Motion d

  • Am. Express Nat'l Bank v. Grube

    Publication Date: 2023-04-10
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19 CV 3637

    The court granted a motion for summary judgment in part in a breach of contract claim arising out of defendant debtor's failure to pay credit card balances owed to plaintiff financial institution. Although plaintiff sought judgment in excess of $295,000.00, the court only granted judgment in the amount of $166,769.86 on the basis that this was the amount that was accurately reflected in plaintiff's exhibits.

  • Volpe v. Am. Alliance Global Trade LLC

    Publication Date: 2023-04-10
    Practice Area: Contractual Disputes
    Industry: Automotive
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-0410

    The court granted a motion to dismiss in part in a matter arising out of an alleged breach of contract for work defendant performed on plaintiff's vintage vehicle. The court denied defendant's motion to dismiss the Unfair Trade Practices and Consumer Protection Law claim on the basis that genuine issues of material fact existed between the parties. The court did however grant the motion to dismiss claims sounding in breach of implied warranty of merchantability on the grounds that plaintiff's claims did not fall under the Uniform Comm

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Kalahari Resorts, LLC v. Kraemer Bros., LLC

    Publication Date: 2023-03-27
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3976 CIVIL 2022

    Neither the gist of the action doctrine nor the economic loss doctrine required dismissal of a commercial property owner's negligence and other non-contractual claims against its architects, general contractor and subcontractors arising out of alleged construction and material defects in its facility's roofing system. The trial court overruled defendants' preliminary objections to plaintiff's complaint.

  • Martin v. White

    Publication Date: 2023-03-20
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:22-cv-01482

    Defendant moved to dismiss plaintiff's breach of oral contract, fraudulent misrepresentation, breach of implied warranty, negligent misrepresentation and violation of the Pennsylvania Fair Trade Practices and Consumer Protection Law action over the sale of collectible firearms to her late husband and herself and court found plaintiff failed to show court had personal jurisdiction over defendant where all of the activities underlying her claims arose in Georgia and defendant had no contacts with Pennsylvania. Motion granted.

  • Patel v. Kelly Serv., Inc.

    Publication Date: 2023-03-20
    Practice Area: Contractual Disputes
    Industry: Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2421

    Defendant moved to dismiss plaintiff's breach of contract, fraudulent and negligent misrepresentation, negligence and detrimental reliance action after defendant recruited him for a position at pharmacy company for which defendant knew he was not qualified and he was fired shortly after taking the job and court found plaintiff satisfied the heightened pleading requirements for fraud and he did state a claim for fraudulent misrepresentation but defendant did not owe plaintiff a duty to accurately answer his questions about the job and

  • Leaf Capital Funding, LLC v. Maruti Fleet & Mgmt. LLC

    Publication Date: 2023-03-20
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1528

    The trial court granted summary judgment in favor of plaintiff in an action alleging breach of a commercial equipment lease. The court deemed the record clear that defendant had entered into and breached the agreement. The court rejected plaintiff's request for contractual attorneys' fees at a contingent fee agreement rate of 33 percent and instead awarded attorney's fees based upon the billing rate and actual hours worked by plaintiff's counsel.

  • Liberty Bell Inv., LLC v. AFA-G Prop., LLC

    Publication Date: 2023-03-06
    Practice Area: Contractual Disputes
    Industry: Investments and Investment Advisory | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Roberts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2207 EDA 2022

    Defendant was not entitled to strike default judgment where plaintiff served defendant with initial process according to letter and spirit of service rules and thereby placed defendant on notice that suit had been commenced against it. The court recommended in defendant's appeal that the Superior Court affirm the court's order denying defendant's petition to strike the default judgment.