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  • Needsville Little League, Inc. v. Little League Baseball, Inc.

    Publication Date: 2022-08-15
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0811

    Court granted in part and denied in part defendant's motion for summary judgment in breach of contract claim. Although defendant argued plaintiff's breach of contract claim must fail because plaintiff failed to attach a copy of the alleged breached agreement to their complaint, the court found plaintiff had referenced the alleged agreement with enough specificity to place defendant on notice. The court agreed with defendant, however, that without the entire agreement attached, the court could not glean the nature of the alleged "breac

  • Mapp v. Westmoreland County

    Publication Date: 2022-08-08
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0884

    Defendant moved to dismiss plaintiff's breach of contract action based on defendant's alleged violation of a confidentiality provision in a settlement agreement and court found it had subject matter jurisdiction, it was beyond the scope of a motion to dismiss to determine whether the liquidated damages clause was a penalty or not and the confidentiality clause was not against public policy since it contained an exception for disclosures required by law. Motion denied.

  • Peskin v. Peskin

    Publication Date: 2022-07-25
    Practice Area: Contractual Disputes
    Industry: Construction | Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0761

    Court denied request to order alternative remedies or equitable remedies in a breach of contract claim between brothers. The court noted the contract clearly and unambiguously provided for the proper remedy in the operating agreement and although plaintiff sought "monetary" damages arising from the breach, plaintiff failed to calculate a demand and even informed the court that arriving at such a number was "difficult to calculate." Accordingly, the court noted plaintiff's sought remedies were disproportionate to the harm suffered and

  • Washington v. WCH Prop., LLC

    Publication Date: 2022-07-25
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0756

    Court granted in part and denied in part defendant landlord's request to strike counts arising from an electrical fire which displaced the plaintiff, causing her emotional and financial harm. Although the court disagreed that plaintiff did not aptly plead a proper breach of contract and negligence claim due to the landlord's obligation to maintain a safe residence, the court did strike the remaining claims for inhabitability and consumer protection violations. The court noted that plaintiff was not required to pay rent after the fire,

  • 833 Cass St. LLC v. Nyack

    Publication Date: 2022-06-27
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0655

    Following a bench trial on damages after entry of default judgment against all defendants, the court awarded cost to repair damages and incidental damages. The court specifically noted that cost to repair damages were appropriate because the cost of repair damages did not exceed the value of the property at the time prior to when the damages took place.

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  • Ericsson Prop., LLC v. Bulle Constr., LLC

    Publication Date: 2022-06-20
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0584

    The court rejected defendant's claim that plaintiff's failure to secure a mechanical permit for a construction project caused a delay in his performance under a construction contract as the parties' "course of performance" demonstrated that defendant, as general contractor, picked up all required permits and advanced the cost for those permits. The court recommended affirmance.

  • Thorn Flatts, LLC v. BuildPro Constr. LLC

    Publication Date: 2022-06-20
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0691

    Plaintiff sought default judgment in its breach of contract action after it terminated defendant contractor's contract for failure to pay subcontractors and court found plaintiff satisfied the elements of a breach of contract claim, the Chamberlin factors weighed in favor of granting default and court awarded damages, interest and attorney fees. Motion granted.

  • Globus Med., Inc. v. Sharp

    Publication Date: 2022-06-13
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0639

    Defendant moved for judgment on the pleadings in plaintiff's breach of contract action and court found Pennsylvania law applied, the compensation agreements at issue were ambiguous and discovery was needed to resolve the ambiguities. Motion denied.

  • Marcus v. Truist Fin. Corp.

    Publication Date: 2022-06-06
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0629

    Defendants moved to dismiss plaintiff's breach of contract and breach of fiduciary duty action over the operation of management services provided for his investment portfolio and court found plaintiffs allegations of new advisors not answering his communications, a new investment strategy that was contrary to his investment goals and significant decline in trading sufficiently stated a plausible claim for relief. Motion dismissed.

  • Firedex of Butler, Inc. v. Watkins

    Publication Date: 2022-05-30
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0499

    In this construction contract matter, the court ordered defendant's counterclaims for breach of warranty and punitive damages stricken. However, the court sustained other preliminary objections and granted defendant leave to amend to provide greater specificity.