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New York Law Journal

Berniker Decorators, Inc. v. Barone

By | November 10, 2016
Defendants' Proof Failed as Matter of Law; Judgment, Less Coupon, Granted Plaintiff
3 minute read

New York Law Journal

Bramos v. Bienefeld

By | November 10, 2016
Claims Against Sublessees to Recover For Legal Fees Not Legally Sustainable
3 minute read

Daily Business Review

In Latin America, Foreign Selection Clauses Aren't Always the Answer

When multinational companies negotiating a deal in Latin America determine arbitration isn't an option for future disputes, attorneys increasingly have turned to foreign selection clauses to seek a neutral venue. But this is far from the simple solution companies often assume it is.
8 minute read

The Legal Intelligencer

Presbyterian Homes, Inc. v. Bair, PICS Case No. 16-1334 (C.P. Lycoming Oct. 14, 2016) Gray, J. (5 pages).

By | November 04, 2016
Nursing care patient signed a standard agreement on entry, and nursing home commenced application for Medicaid but failed to use reasonable care and diligence to correct any omissions on the application, resulting in its denial. Home also failed to use reasonable care in billing patient's supplemental insurance company and Medicare for any amounts prior to billing patient directly. Home filed a claim for breach of contract for failing to pay for services, but the court found it failed to follow standard procedure, failed to use reasonable care in obtaining payment, and failed to take steps to mitigate the costs. Home failed to establish that it was entitled to payment from patient, and the court found in favor of patient.
5 minute read

The Legal Intelligencer

Stull v. Armstrong Gas Co., LLC, PICS Case No. 16-1318 (Pa. Super. Oct. 24, 2016) (memorandum) Strassburger, J. (13 pages).

By | November 04, 2016
Trial court properly found that res judicata barred appellants' third complaint in dispute over money due under an oil and gas lease because recasting the claims in a lawsuit did not change the fact that the substance of all the claims had already been adjudicated. Affirmed.
5 minute read

The Legal Intelligencer

Pa. Counseling Serv., Inc. v. Yambor, PICS Case No. 16-1314 (Pa. Super. Oct. 17, 2016) (memorandum) Stabile, J. (9 pages).

By | November 04, 2016
Trial court properly transferred venue, in action based on breach of a noncompete clause in an employment contract, to county where former employee obtained new employment, received her paycheck and where the alleged breach occurred. Affirmed.
4 minute read

The Legal Intelligencer

Wolf v. Liberty Ins. Underwriters, PICS Case No. 16-1337 (C.P. Philadelphia Oct. 11, 2016) Glazer, J. (memorandum) (9 pages).

By | November 04, 2016
Legal malpractice claim initiated during the expiring days of insurance coverage was not received until after the extended coverage had ended due to service to the wrong address. The insured sought a declaration that the insurer still had a duty to defend, while the insurer argued that per contract it was not obligated. The court examined the contract language and determined that timely receipt of the claim was key for coverage in this case, and granted the insurer's motion for summary judgment.
7 minute read

The Legal Intelligencer

Wyland v. Browning, PICS Case No. 16-1338 (C.P. Lycoming Sept. 29, 2016) Gray, J. (5 pages).

By | November 04, 2016
Disappointed would-be purchaser of a property facing foreclosure brought suit against the seller for alleged breach of contract. On examination of the facts, the court found that plaintiff had failed to fulfill several required conditions of the sale and that thus there was no valid contract to breach. Verdict was entered in favor of the seller.
5 minute read

New York Law Journal

Pearl Capital Rivis Ventures, LLC v. RDN Construction, Inc.

By | November 03, 2016
Merchant Agreement a Loan Document, Contemplating Usurious Transaction
3 minute read

New York Law Journal

D & S Restoration, Inc. v. Wenger Construction Co., Inc.

By | November 03, 2016
One year Limitation Defense in Subcontract Sufficiently Supported; Complaint Dismissed
3 minute read

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