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  • Caruso v. Caruso

    Publication Date: 2024-09-27
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14 WAP 2023

    Appellant appealed the trial court's order granting specific performance of a partnership agreement's buy-out provision. The court reversed, holding that the spouse of a deceased business partner who was not an original party to a partnership agreement, nor a third-party beneficiary of that agreement, and where the terms of the agreement did not permit assignment of a deceased partner's interest to a non-party could not be permitted to "step into the shoes" of the deceased partner and enforce the partnership agreement.

  • Anello Fence, LLC v. VCA Sons, Inc.

    Publication Date: 2024-05-29
    Practice Area: Corporate Entities | Intellectual Property
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Vazquez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-3578

    Anello Fence, LLC appealed from the district court's denial of its motion for reconsideration.

  • Schriver v. Schriver

    Publication Date: 2024-05-10
    Practice Area: Corporate Entities
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1896 EDA 2022

    Trial court erred in dismissing minority shareholder oppression and declaratory judgment claims because, although appellant appeared to be seeking consummation of payment under the parties' settlement, he also alleged that appellees had disregarded his rights as a minority shareholder and sought judicial declaration of his shareholder status, forms of relief not available at law. Order of the trial court affirmed in part and reversed and remanded in part.

  • Schriver v. Schriver

    Publication Date: 2024-05-10
    Practice Area: Corporate Entities
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1896 EDA 2022

    Trial court erred in dismissing minority shareholder oppression and declaratory judgment claims because, although appellant appeared to be seeking consummation of payment under the parties' settlement, he also alleged that appellees had disregarded his rights as a minority shareholder and sought judicial declaration of his shareholder status, forms of relief not available at law. Order of the trial court affirmed in part and reversed and remanded in part.

  • Brown v. Simons

    Publication Date: 2024-03-15
    Practice Area: Corporate Entities
    Industry: Food and Beverage | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3296

    Party violated arbitration award enforcing a settlement where party's contractual right to reimbursement of legal expenses was superseded by the settlement and party's distribution of company cash left insufficient reserves for operational expenses as required by the award. Plaintiff's motion for contempt granted, defendant's cross-motion to enforce settlement granted in part.

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    Lancaster County & Berks County Court Rules 2024

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  • King v. Driscoll

    Publication Date: 2023-12-25
    Practice Area: Corporate Entities
    Industry: Food and Beverage | Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1291 WDA 2022

    Trial court properly granted petition to enforce settlement where there was sufficient record evidence to determine that receipt of specific documentation was not a material term of the parties' settlement and thus, they had reached agreement on all material terms. Order of the trial court affirmed.

  • Toth v. Toth

    Publication Date: 2023-08-21
    Practice Area: Corporate Entities
    Industry: E-Commerce | Education
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 266 WDA 2022

    Although defendants lacked authority under LLC operating agreement to execute written consent amending the agreement, the trial court prematurely ordered LLC's dissolution where members had yet to engage in binding mediation as required by the operating agreement. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Wolfington v. Bartkowski

    Publication Date: 2022-10-10
    Practice Area: Corporate Entities
    Industry: Advertising
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2021-05143-CT

    Court granted defendants' request for emergency injunctive relief in case arising out of a business dispute and violations of a non-compete clause within the operating agreement. Although respondents to the request attempted to distinguish the type of work the parties did, the court did not find the argument convincing finding that defendants would likely prevail in their counterclaims.

  • MBC Dev. LP v. Miller

    Publication Date: 2022-09-12
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1034

    Determination of limited partnership's special litigation committee not to pursue litigation against controller could potentially bar limited partner's derivative claims, but the preclusion of such claims was an issue to be decided by an arbitrator pursuant to the partnership agreement where the Limited Partnership Act did not create a separate statutory cause of action to determine the preclusive effect. Order of the trial court vacated in part and affirmed in part, case remanded.

  • Albee v. Albee

    Publication Date: 2022-08-15
    Practice Area: Corporate Entities
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sánchez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0906

    Defendant's counterclaim and third-party complaint failed for lack of sufficiency where his breach of fiduciary duty and tortious interference with contractual relations claims did not allege any details or provide information on what competing entities the accused party purportedly contracted with and failed to allege the harm allegedly suffered. The court granted motions to dismiss.