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The Legal Intelligencer

Convicted Ex-Turnpike CEO's Suit Against Commission Tossed

The Commonwealth Court had ruled a former CEO of the Pennsylvania Turnpike Commission cannot be reimbursed for the cost of his criminal defense from felony conflict of interest charges though he pleaded guilty only to accepting free hospitality.
6 minute read

New York Law Journal

The Importance of Reviewing Term Sheet Contingencies

In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss term sheets contingencies and write: Term sheet disputes can be frustrating but they are a natural result of a fast-paced negotiation that seeks to distill a couple hundred pages of loan documents down to a ten-page letter agreement. A well-written term sheet will protect a lender from being obligated to lend on terms that, following diligence or complete loan document negotiation, turn out to be unacceptable to the lender.
15 minute read

The Legal Intelligencer

Selective Ins. Co. v. Horst Constr., PICS Case No. 16-1118 (C.P. Lancaster June 20, 2016) Cullen, J. (19 pages).

By | September 16, 2016
Plaintiff Selective Insurance Co. of America, as subrogee of Lancaster Bible College, brought claims against a construction company and its subcontractors for negligence, breach of warranty, negligent misrepresentation and breach of contract. The second amended complaint was filed in October 2015, with defendants raising preliminary objections concerning the waiver of subrogation, gist of the action doctrine, breach of warranty claims, and the insurer's capacity to sue as third-party beneficiary. The court overruled two of their objections, and sustained the remaining two. It found that no commercial insurance agreement was in place that would allow the insurer to recover under subrogation, and the implied warranty of good workmanship was not excluded from commercial buildings. Plaintiff was not accommodated by the ruling that the breaches arose out of contract, not tort and that the explicit language denying third-party beneficiary status effectively prevented it from having standing to sue in that persona.
10 minute read

The Legal Intelligencer

Brangan v. Feher, PICS Case No. 16-1123 (Pa. Super. Sept. 1, 2016) (memorandum) Platt, J. (18 pages).

By | September 16, 2016
The trial court erred in considering breach of contract/warranty third-party counterclaims filed by third-party purchasers of a trailer, where the initial action was in replevin, which was required to be limited solely to the issue of title and possession. Judgment vacated, case remanded.
6 minute read

The Legal Intelligencer

Kistler v. Wells Fargo Bank, PICS Case No. 16-1113 (C.P. Lackawanna Aug. 23, 2016) Minora, J. (memorandum) (7 pages).

By | September 16, 2016
The IRS placed a tax lien on defendant's checking account he shared with a girlfriend, and he filed a complaint that was later changed to breach of contract. Remanded from District Court for the Middle District of Pennsylvania, the court examined the proceedings and found numerous fatal flaws in plaintiff's arguments. Defendant raised preliminary objections, which were granted, and plaintiff's amended complaint was dismissed with prejudice, which mooted plaintiff's objections to the preliminary objections.
6 minute read

The Legal Intelligencer

Kotsur v. Goodman Global, PICS Case No. 16-1089 (E.D. Pa. Aug. 22, 2016) Beetlestone, J. (memorandum) (18 pages).

By | September 16, 2016
Repeated instances of faults in Goodman-produced HVAC units led homeowner to file suit for breach of express warranty. He attempted to gain class certification for his claim but failed on several levels. Goodman filed a motion to exclude expert witness for plaintiff, which also was denied.
8 minute read

New York Law Journal

Mikaelian v. Liberty Mutual Ins.

By | September 15, 2016
Home's Owner Lacks Breach Claim, Father Lacks Insurable Interest in Home
3 minute read

New York Law Journal

Commissioners of the State Ins. Fund v. Mario Lopez Construction Corp.

By | September 15, 2016
Owner, Not Corporation Personally Liable For Obligations Incurred After Dissolution
3 minute read

New York Law Journal

Kee Yip Realty Corp. v. Win Tax Services Inc.

By | September 15, 2016
Plaintiff Fails to Show Reasonable Default, Meritorious Claim; Vacatur of Judgment Denied
3 minute read

New York Law Journal

NMN Fabrics, Inc. v. Sommers Plastic Products Co., Inc.

By | September 15, 2016
Legal Right to Sue Originated From Contract Entered Before Corporate Status Terminated
3 minute read

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