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Publication Date: 2024-11-15
Practice Area: Contracts
Industry: Cargo and Shipping | Distribution and Wholesale | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 24-2087
Defendants moved to dismiss certain counts of plaintiff's complaint for failure to state a claim. The court denied the motion, holding that plaintiff's claims for conversion, tortious interference with business relations, and defamation and commercial trade disparagement were not precluded by the gist of the action doctrine where plaintiff plausibly alleged violations of broader social duties not grounded in the parties' warehousing and shipping agreement.
Publication Date: 2024-11-01
Practice Area: Contracts
Industry: Consulting | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-5553
The court found that plaintiff had an implied in fact contract with defendant to provide consultant services for which it would be paid fees to assist defendant in remediating compliance violations asserted by the Food and Drug Administration and that the evidence established unjust enrichment or promissory estoppel. While plaintiff claimed it was owed $1.9 million in unpaid fees, the court determined that the recovery would be limited to breach or an equitable remedy.
Publication Date: 2024-10-08
Practice Area: Contracts
Industry: Hospitality and Lodging
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2631
District court erred in interpreting agency liability under Delaware law, where a parent could incur agency liability for a subsidiary's wrongful acts post-acquisition.
Publication Date: 2024-10-04
Practice Area: Contracts
Industry: E-Commerce | Insurance | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 24-1673
Defendant rideshare company moved to dismiss plaintiff driver's complaint alleging breach of contract for failure to provide uninsured motorist coverage. The court denied the motion, holding that plaintiff plausibly alleged that defendant's ambiguous driver service contract incorporated a promise of uninsured motorist coverage as set out in defendant's separate Driver Guidebook.
Publication Date: 2024-09-18
Practice Area: Contracts
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1997
Defendant Heartland Payment Systems, LLC, appealed the denial of its motion to compel arbitration or dismiss for lack of personal jurisdiction.
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Publication Date: 2024-08-30
Practice Area: Contracts
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
The court sustained in part the objection filed by defendant Architectural Design Consultants, Inc. to plaintiff's motion for leave to file a second amended complaint and add a party, Carlisle Construction, based upon deposition testimony of employees of Carlisle Roofing Systems.
Publication Date: 2024-08-30
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Wood
Attorneys: For plaintiff:
for defendant:
Case Number: 7503 CIVIL 2023
The court sustained preliminary objections by defendants to an amended complaint filed in a home improvement contract matter and dismissed the claims.
Publication Date: 2024-08-30
Practice Area: Contracts
Industry: Aerospace | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2001
Defendant airline moved to dismiss plaintiffs' complaint for failure to state a claim. The court granted the motion in part and denied it in part, holding that plaintiffs stated claims for breach of contract and false light invasion of privacy where they alleged that defendant's personnel failed to assist them in finding overnight accommodations after escorting them off a fully-boarded flight against their will and without any justification.
Publication Date: 2024-08-23
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Satlz
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-20502
Defendant property owner appealed the trial court's judgment in favor of plaintiff real estate brokerage firm. The court opined that its judgment should be affirmed where plaintiff was properly awarded recovery of a leasing commission pursuant to the parties' former exclusive agency agreement after a prior tenant amended its lease to include additional space in defendant's building.
Publication Date: 2024-08-20
Practice Area: Contracts
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2967
District court erred in calculating length of injunction on competitive activity where parties' agreement allowed extension of non-compete provision equal to duration of breach but district court found defendants' first breach inconsequential.
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