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The Recorder

Rincon EV Realty, LLC v. CP III Rincon Towers, Inc.

By | February 01, 2017
5 minute read

The Legal Intelligencer

Third Circuit Vacates Class Cert Denial in Case vs. Pa. Power Supplier

Named plaintiffs' differing interpretations of a form contract should not bar class certification, the U.S. Court of Appeals for the Third Circuit ruled in a suit against a Pennsylvania third-party energy supplier.
12 minute read

Daily Business Review

Judge Rules Trump Organization-Owned Golf Club Breached Contract

A Florida golf club linked to President Donald Trump must pay $5.7 million to patrons who wanted their membership dues refunded.
6 minute read

Litigation Daily

Did Mark Zuckerberg Lie? Or is Facebook the Real Victim? It's up to the Jury Now

It takes a certain finesse for a lawyer to plausibly argue that Facebook—a $350 billion company—got bullied by a videogame maker that almost no one has heard of. Just as it takes a certain audacity for videogame maker ZeniMax's lawyer to imply Facebook CEO Mark Zuckerberg lied under oath.
24 minute read

The Legal Intelligencer

Logans' Reserve Homeowners' Ass'n v. McCabe, PICS Case No. 17-0070 (Pa. Commw. Jan. 4, 2017) Covey, J. (20 pages).

By | January 27, 2017
Judgment in favor of a HOA for a homeowner's failure to pay dues was properly granted, where the HOA's declaration did not permit the homeowner to withhold dues for dissatisfaction with the HOA's maintenance of common areas. Orders of the trial court affirmed.
7 minute read

The Legal Intelligencer

QVC, Inc. v. OurHouseWorks, LLC, PICS Case No. 17-0100 (E.D. Pa. Dec. 29, 2016) DuBois, J. (12 pages).

By | January 27, 2017
Piercing of the corporate veil in a breach of sales contract was necessary to prohibit a parent company from being unjustly enriched by its manipulation of the corporate form where it retained funds paid to the corporate subsidiary. Judgment entered in favor of plaintiff.
6 minute read

The Legal Intelligencer

Dittman v. UPMC, PICS Case No. 17-0103 (Pa. Super. Jan. 12, 2017) Olson, J. (21 pages).

By | January 27, 2017
Trial court properly dismissed appellants negligence and breach of contract claims against appellee in action based on data breach in which employees' personal information was stolen from employer's computer system because appellee did not owe a duty of reasonable care in its collection and storage of employees' data, the economic loss doctrine barred appellants' claims and there was no implied contract between the parties. Affirmed.
6 minute read

The Legal Intelligencer

Zamos v. McNeil-PPC, Inc., PICS Case No. 17-0102 (E.D. Pa. Jan. 5, 2017) Kelly, J. (14 pages).

By | January 27, 2017
Court granted defendant's motion to dismiss plaintiff's action alleging failure to pay "enhanced severance" because plaintiff's breach of contract claim failed since there was no contract where plaintiff never accepted the proposed agreement, his bad-faith claim failed because it was subsumed by his separately pled breach of contract claim and his estoppel claim was not an independent cause of action. Motion to dismiss granted.
5 minute read

The Legal Intelligencer

Mley v. Leonhardt, PICS Case No. 17-0086 (C.P. Lawrence Dec. 1, 2016) Hodge, J. (7 pages).

By | January 27, 2017
An installment land contract was set up for monthly payments for the duration only, with no word on prepayment. The land owner was adamant about the monthly payments and had legal papers drawn up stating his position before his death which served to rebut the presumption of right of prepayment. After his death, the disagreement continued between his heir and the buyers, who paid the remaining installments into escrow. The court ordered the distribution of the escrowed funds and the deed preparation.
5 minute read

The Legal Intelligencer

Code.Sys Code Consulting v. Lawrence Co. COG, PICS Case No. 17-0081 (C.P. Lawrence Dec. 12, 2016) Hodge, J. (13 pages).

By | January 27, 2017
A consulting company performed services for the county Council of Governments but not all of its invoices were paid, and filed suit to recover the funds owed. The client sought to join its own former administrator to the matter, alleging it was not liable for the officer's misconduct and the consultants were responsible for not pursuing the matter more diligently. Plaintiff's motion for judgment against its original client was granted, the client's case against its officer was to remain viable.
7 minute read

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