Last month, the Superior Court of Pennsylvania handed down an extremely well-reasoned opinion in J.J. DeLuca Company v. Toll Brothers. The matter explored the contours of the gist of the action doctrine and punitive damages law within the framework of an extremely ambitious development project. Toll Brothers (TB), a local behemoth clearly in need of no introduction, has been aggressively developing communities, even during these economically precarious times, stimulating the local economy and responding to the needs of sophisticated homebuyers throughout the region. One of these efforts has unquestionably altered the complexion of the area just south of Fitler Square in Philadelphia.
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