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The Legal Intelligencer

State Bank & Trust Co. v. Philly Wholesale LLC, PICS Case No. 17-1302 (E.D. Pa. Aug. 2, 2017) Pappert, J. (22 pages).

Court entered default judgment against corporate defendant and guarantor in action on equipment financing agreement where defendant defaulted, failed to respond to plaintiff's action and court entered judgment for the unpaid balance, late charges, post default interest and attorney fees and costs but found some of the late charges were double recoveries and had to be denied and the liquidated damages clause was an excessive penalty. Default judgment granted and damages ordered.
3 minute read

New York Law Journal

Fashion Law

In this Special Report: "Trump's NAFTA Renegotiation: Potential Changes and Impacts to Brands, Apparel and Textiles," "No Stress Distress: Asset Management Strategies for Facing Downturns With Style," "Everyone's a Critic: Fake E-Commerce Reviews Undercut the Marketplace" "Social Media: The New Storefront for Fashion," "Focusing on Labor and Employment Issues Will Always Be in Fashion," "Not-So-Fast Fashion: Landmines Facing Brands Moving Toward Direct-to-Consumer Strategies" and "Debunking the Fashion Industry's 'Three Change' Rule."
3 minute read

The Legal Intelligencer

Eddystone Rail Co., LLC v. Bridger Logistics, LLC, PICS Case No. 17-1256 (E.D. Pa. July 19, 2017) Kelly, S.J.(15 pages).

The court found that it had specific jurisdiction over the individual defendants in plaintiffs action alleging claims of alter ego, intentional fraudulent transfer, constructive fraudulent transfer and breach of fiduciary duties of care and loyalty to creditors and the complaint adequately alleged colorable claims against each defendant. Motions to dismiss denied.
3 minute read

Daily Business Review

$96M in Financing Issued for Miami-Dade, Broward Industrial

The portfolio deal covers 13 properties with 1.57 million square feet of space.
1 minute read

The Legal Intelligencer

In Re World Imports, Ltd., PICS Case No. 17-1199 (3 Cir. July 10, 2017) Hardiman, J. (15 pages).

Bankruptcy court misapplied the concept of constructive receipt to find buyer "received" goods shipped FOB at the port of origin because a buyer did not constructively receive goods when they were delivered to a common carrier, even if the risk of loss passed at that time, and receipt occurred when the goods were in the buyer's physical possession. Reversed.
3 minute read

The Legal Intelligencer

Kalmanowicz v. Workers' Compensation Appeal Bd., PICS Case No. 17-1194 (Pa. Commw. July 7, 2017) Brobson, J. (10 pages).

Workers' compensation appeal board properly found that employer did not waive its right to subrogation by contesting petitioner's claim petition where petitioner settled with third party before employer accepted the claim petition. Affirmed.
2 minute read

Connecticut Law Tribune

Amicus Groups Try to Sway Conn. Supreme Court in Sandy Hook Hearing

As the Connecticut Supreme Court prepares to hear a case pitting families who lost loved ones in the Sandy Hook shooting against gun manufacturers Remington and Bushmaster, a variety of groups have staked out sides in amicus briefs in an attempt to sway the decision.
46 minute read

New Jersey Law Journal

SCOTUS Decision Impacts Restriction on Downstream Sales of Patented Products

A recent decision by the U.S. Supreme Court found that the sale of a patented product in the United States or abroad exhausted all patent rights in the product, and thus eliminated patent rights as a tool to control downstream resale of the product.
7 minute read

Daily Report Online

After Blunt Questioning, Jury Smokes Tobacco-Leaf Defendant in Trademark Case

A federal jury awarded $271,400 in the wake of a two-day trial in Georgia.
4 minute read

The Legal Intelligencer

Wilson v. CSX Transp., Inc., PICS Case No. 17-1078 (C.P. Philadelphia Jun. 27, 2017) Younge, J. (2 pages).

In this case involving injuries sustained by a worker during the course of employment, venue was proper in a county where the employer regularly conducted business. Motion to dismiss for forum non-conveniens denied.
4 minute read

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