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The Legal Intelligencer

Houk v. Mitchell, PICS Case No. 16-1371 (C.P. Lawrence Sept. 30, 2016) Hodge, J. (9 pages).

By | November 18, 2016
The initial inspection of a revolver purchased in an online auction was sufficient to complete the transaction, but on closer inspection the purchaser discovered the condition was not as advertised and contacted the seller later that day. The seller refused to work with the purchaser to resolve the situation, and it escalated to a payment stop on the check. Seller responded by reporting the revolver stolen, and purchaser filed a lawsuit. In a bench trial the court found seller had misrepresented the item and his conduct had prompted the suit, and awarded partial legal fees to purchaser. Seller appealed and the court reviewed its reasoning for the appellate court.
6 minute read

Delaware Business Court Insider

Abbott, Alere Settle Suit Over Probe Documents

Abbott Laboratories on Thursday said Alere Inc. had agreed to turn over documents related to three government investigations into potential bribery and billing violations, as the future of the health care companies' $5.8 billion merger continues to hang in the balance.
5 minute read

Daily Business Review

More Litigation in Store for Vizcayne Condos

Two massive construction defect suits are brewing over luxury high-rise towers in downtown Miami.
6 minute read

New York Law Journal

Schatzki v. Weiser Capital Management, LLC

By | November 16, 2016
Illegality Defense, Commissions Claim Denied Dismissal in Suit by Broker's Representative
3 minute read

New York Law Journal

Melito v. American Eagle Outfitters, Inc.

By | November 14, 2016
Law of Case Doctrine Bars Relitigation of Issues Decided in Order Allowing Third-Party Complaint
3 minute read

New York Law Journal

Arbitration of Workplace Sexual Harassment and Discrimination Claims

Martin S. Hyman and Matthew C. Daly of Golenbock Eiseman Assor Bell & Peskoe analyze case law addressing the issues that arise when non-signatory senior employees are sued for sexual harassment or discrimination.
23 minute read

The Legal Intelligencer

Stevens & Lee, P.C. v. Cresswell, PICS Case No. 16-1363 (Pa. Super. Nov. 1, 2016) (memorandum) Stabile, J. (5 pages).

By | November 11, 2016
Trial court properly entered judgment on the pleadings in a breach of contract action because appellant's denials were not sufficiently specific, were general denials pursuant to Rule 1029(b) and were thus, properly deemed admissions. Affirmed.
4 minute read

The Legal Intelligencer

Lutheran Seniorlife v. Taylor, PICS Case No. 16-1349 (C.P. Lawrence Sept. 2, 2016) Motto, P.J. (18 pages).

By | November 11, 2016
An elderly woman who entered into a two-tiered health-care arrangement with a healthcare provider failed to pay her "private portion" for that care once she entered into nursing home care. Her daughter also failed to ensure the payments, and refused to pay the amount due on her mother's death. The provider brought suit against the daughter for tortious interference with contractual relations, which the daughter resisted, arguing that the provider failed to state a cause of action and that it was contractual in nature, not tort. The court disagreed on both counts and dismissed the objections.
8 minute read

The Legal Intelligencer

King v. FCA US, PICS Case No. 16-1348 (C.P. Monroe Sept. 16, 2016) Williamson, J. (6 pages).

By | November 11, 2016
Purchaser of a used vehicle was initially told that it had not been in an accident, but 20 months later airbag issues revealed that it had been. Three attempts by an authorized dealer to repair the airbag were unsuccessful, showing that it was missing parts due to post-accident repairs. Purchaser brought suit against the manufacturer and the dealer where she bought the car. Following arbitration, the purchaser appealed, and the manufacturer filed for summary judgment. The court found that there was no argument for a manufacturing defect, and dismissed the manufacturer from the case.
6 minute read

New York Law Journal

M.T. Packaging, Inc. v. Hoo

By | November 10, 2016
Severing Judicial Law §487(1) Claim Proper, Do Not Involve Common Factual, Legal Issues
3 minute read

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