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Publication Date: 2023-03-27
Practice Area: Real Estate
Industry: Financial Services and Banking | Construction | Real Estate
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 665 EDA 2022
Court affirmed verdict in breach of contract action where sufficient evidence supported finding that defendant breached contractual obligation by not intending to promptly complete property construction, which prevented plaintiff from closing on the property and making a profit on the sale. Order and judgment of the trial court affirmed.
Publication Date: 2023-03-20
Practice Area: Commercial Law
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 302
A lender's notice of repossession, redemption rights and sale to a borrower who defaulted on her car loan was not misleading in violation of the Uniform Commercial Code where it did not specify the repossessed vehicle's daily storage charge or repossession fees, and where it referenced liability for "any costs incurred for vehicle repairs" even though the borrower's vehicle did not require repair. The trial court granted defendant's motion for summary judgment, granted plaintiff's motion for summary judgment on defendant's counterclai
Publication Date: 2023-03-20
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0502
Plaintiff sued to foreclose defendant's commercial mortgage on the grounds defendant failed to resume making monthly payments following a six-month forbearance and court found defendant breached the agreement by failing to resume payments, plaintiff did not anticipatorily repudiate or materially breach the loan agreements, defendant's breach was not excused on the grounds of unclean hands and specific performance setting a new repayments schedule was not warranted. Foreclosure granted.
Publication Date: 2023-03-20
Practice Area: Business Torts
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 2543
Commercial development lenders did not commit tortious interference with contract where, with the borrowers' permission, they contacted borrowers' shopping center tenant to discuss an ongoing lease dispute but then honored the tenant's rejection of further contact, all of which occurred after the tenant had filed suit against the borrowers for breach of the lease. The trial court granted defendants' motion for summary judgment.
Publication Date: 2023-03-20
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 1528
The trial court granted summary judgment in favor of plaintiff in an action alleging breach of a commercial equipment lease. The court deemed the record clear that defendant had entered into and breached the agreement. The court rejected plaintiff's request for contractual attorneys' fees at a contingent fee agreement rate of 33 percent and instead awarded attorney's fees based upon the billing rate and actual hours worked by plaintiff's counsel.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2023-03-13
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD20-11000
Court terminated conservatorship for property where there was a pending foreclosure that precluded the appointment of a conservator and where the conservator had failed to discharge their duties. Intervenor's motion to terminate conservator granted.
Publication Date: 2023-03-06
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3585
Court approved proposed class action settlement in consumer protection case where settlement was product of arms-length negotiation and would provide adequate relief to the class. Plaintiff's motion for preliminary class settlement approval and class certification granted.
Publication Date: 2023-03-06
Practice Area: Discovery
Industry: Financial Services and Banking | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 01529
Defendants could not shield certain emails from discovery based on the attorney-client privilege as there was no evidence of record to support the contention that the contents of the emails contained information from a client for purposes of obtaining legal advice, or a legal opinion or advice from a lawyer to a client. The court recommended affirmance.
Publication Date: 2023-03-06
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sitarksi
Attorneys: For plaintiff:
for defendant:
Case Number: 19-cv-3851
Plaintiff bank moved for summary judgment in a mortgage foreclosure action and court found undisputed evidence establishing the elements of a mortgage foreclosure action and defendants failed to point to any competent evidence showing that plaintiff's interest calculations were incorrect. Motion granted.
Publication Date: 2023-02-27
Practice Area: Securities Litigation
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5031
Plaintiff filed a petition to vacate the arbitration award on the single issue of the denial of expungement to its three employees and court found that while Financial Industry Regulatory Authority rule 12805(a) did not explicitly require an arbitration panel to hold a recorded hearing in order to deny an implied expungement request, panel did not hear any specific evidence on the issue and afforded the plaintiff no opportunity to present evidence on the issue. Motion granted, case remanded.
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