• Crawford v. City of New Castle

    Publication Date: 2022-09-12
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0989

    Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of the divorce settle

  • Baim v. Dukart

    Publication Date: 2022-08-29
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0972

    Plaintiff sought summary judgment in a declaratory judgment action seeking a holding that he had lawfully sold four restaurants and court found there were two purchase and sale agreements for the restaurants, one with defendants and another with GNS Inc., and the provisions in the separate purchase and sale agreements were contradictory. Motion denied.

  • Robert D. Mabe, Inc. v. OptumRX

    Publication Date: 2022-08-22
    Practice Area: Contractual Disputes
    Industry: Distribution and Wholesale | Pharmaceuticals | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0945

    District court applied the wrong legal standard in ruling on pharmacy benefits manager's motion to compel arbitration in pharmacies' mass action asserting breach of contract and other claims, and should have allowed discovery limited to the question of arbitrability. Vacated in part.

  • N. Penn Towns, LP v. Concert Golf Partners, LLC

    Publication Date: 2022-08-15
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure | Non-Profit | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0921

    Defendants moved for summary judgment in action over sale of private club and court granted summary judgment to some defendants on plaintiff's §550, §551 and adding and abetting fraud claims and denied summary judgment to one defendant on plaintiff's breach of contract claim. Motions granted in part and denied in part.

  • Needsville Little League, Inc. v. Little League Baseball, Inc.

    Publication Date: 2022-08-15
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0811

    Court granted in part and denied in part defendant's motion for summary judgment in breach of contract claim. Although defendant argued plaintiff's breach of contract claim must fail because plaintiff failed to attach a copy of the alleged breached agreement to their complaint, the court found plaintiff had referenced the alleged agreement with enough specificity to place defendant on notice. The court agreed with defendant, however, that without the entire agreement attached, the court could not glean the nature of the alleged "breac

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  • Mapp v. Westmoreland County

    Publication Date: 2022-08-08
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0884

    Defendant moved to dismiss plaintiff's breach of contract action based on defendant's alleged violation of a confidentiality provision in a settlement agreement and court found it had subject matter jurisdiction, it was beyond the scope of a motion to dismiss to determine whether the liquidated damages clause was a penalty or not and the confidentiality clause was not against public policy since it contained an exception for disclosures required by law. Motion denied.

  • Peskin v. Peskin

    Publication Date: 2022-07-25
    Practice Area: Contractual Disputes
    Industry: Construction | Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0761

    Court denied request to order alternative remedies or equitable remedies in a breach of contract claim between brothers. The court noted the contract clearly and unambiguously provided for the proper remedy in the operating agreement and although plaintiff sought "monetary" damages arising from the breach, plaintiff failed to calculate a demand and even informed the court that arriving at such a number was "difficult to calculate." Accordingly, the court noted plaintiff's sought remedies were disproportionate to the harm suffered and

  • Washington v. WCH Prop., LLC

    Publication Date: 2022-07-25
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0756

    Court granted in part and denied in part defendant landlord's request to strike counts arising from an electrical fire which displaced the plaintiff, causing her emotional and financial harm. Although the court disagreed that plaintiff did not aptly plead a proper breach of contract and negligence claim due to the landlord's obligation to maintain a safe residence, the court did strike the remaining claims for inhabitability and consumer protection violations. The court noted that plaintiff was not required to pay rent after the fire,

  • 833 Cass St. LLC v. Nyack

    Publication Date: 2022-06-27
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0655

    Following a bench trial on damages after entry of default judgment against all defendants, the court awarded cost to repair damages and incidental damages. The court specifically noted that cost to repair damages were appropriate because the cost of repair damages did not exceed the value of the property at the time prior to when the damages took place.

  • Ericsson Prop., LLC v. Bulle Constr., LLC

    Publication Date: 2022-06-20
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0584

    The court rejected defendant's claim that plaintiff's failure to secure a mechanical permit for a construction project caused a delay in his performance under a construction contract as the parties' "course of performance" demonstrated that defendant, as general contractor, picked up all required permits and advanced the cost for those permits. The court recommended affirmance.