• Toppy v. Passage Bio, Inc.

    Publication Date: 2022-11-28
    Practice Area: Contractual Disputes
    Industry: Biotechnology
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24 EDA 2021

    Appellant appealed the dismissal of his complaint asserting appellee breached a settlement agreement that resolved appellant's wrongful termination claims and court found trial court erred in sustaining appellee's preliminary objections to appellant's breach of settlement agreement and Wage Payment Collection Law counts and properly dismissed appellant's misrepresentation and unjust enrichment counts. Reversed in part and affirmed in part.

  • Universal Atl. Sys., Inc. v. Boston Mkt. Corp.

    Publication Date: 2022-11-07
    Practice Area: Contractual Disputes
    Industry: Electronics | Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-5291

    Both parties moved for summary judgment in action over a security service agreement for plaintiff's restaurants and court found plaintiff established the existence and breach of oral contracts but a genuine issue of material fact existed as to the amounts due. Motions granted in part and denied in part.

  • The 1228 Inv. Group, L.P. v. Hub Group, Inc.

    Publication Date: 2022-11-07
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1078

    Defendant moved for partial summary judgment in action over a master services agreement and court found plaintiff presented enough evidence so that a reasonable jury could find ITSupportCenter LLC did not breach the audit provision or that defendant was the first to materially breach the contract, defendant failed to show plaintiff was not entitled to expectancy damages as a matter of law and defendant's champerty claim failed. Motion denied.

  • Reuther & Bowen, P.C. v. Ferlita

    Publication Date: 2022-10-31
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19 CV 437

    Court denied defendant's motion to strike or in the alternative reopen the judgment. Although defendant argued he failed to respond to the court's service of the complaint and subsequent default judgment, he failed to articulate a viable reason for his actions or for his untimeliness in filing the motions. Therefore, the court denied the motion.

  • Somerset Enter. Inc. v. FCA US LLC

    Publication Date: 2022-10-24
    Practice Area: Contractual Disputes
    Industry: Automotive | Construction | Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10474 OF 2020, C.A.

    Court partially sustained preliminary objections arising out of defendant's failure to cover repairs allegedly covered under a vehicle's extended warranty. In sustaining the objections, the court found plaintiff failed to adhere to pleading requirements set forth in Pa.R.C.P. 1020. The court also applied the "gist of the action" doctrine, noting that the claims were rooted in contractual rather than tort disputes. The court did, however, find that plaintiff pled fraud with the requisite specificity and appropriately pled bad faith cla

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Vollers Excavating & Constr., Inc. v. Boro Developers, Inc.

    Publication Date: 2022-10-17
    Practice Area: Contractual Disputes
    Industry: Construction | Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-455

    Plaintiff subcontractor and school district moved to dismiss general contractor's counterclaim against plaintiff and third-party complaint against school district over alleged extra work plaintiff performed and court dismissed the counterclaim, stayed the breach of contract, constructive fraud and unjust enrichment claims of the third-party complaint and awarded sanctions. Motions granted in part.

  • Gettysburg Contracting, Inc. v. Atomic Dog Cidery, LLC

    Publication Date: 2022-10-10
    Practice Area: Contractual Disputes
    Industry: Construction | Food and Beverage
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-SU-1047

    Court granted plaintiffs' demur and preliminary objections to defendants' responsive pleadings, holding the material terms of a contract in dispute could not be converted into a fraudulent misrepresentation claim because the terms were promises for future performance rather than statements made with the intention to fraudulently induce defendants.

  • Lawson v. Pennsylvania Coll. of Tech.

    Publication Date: 2022-10-10
    Practice Area: Contractual Disputes
    Industry: Education
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-01134

    Court granted defendant's preliminary objections in part in a case arising out of breach of contract claims and unjust enrichment claims during the COVID-19 Pandemic. While the court agreed that plaintiffs did not sufficiently plead with specificity the provisions breached by the school, they granted plaintiffs leave to amend their complaint. Furthermore, the court found plaintiffs could plead unjust enrichment because it was pled in the alternative.

  • Williams v. City of New Castle

    Publication Date: 2022-09-12
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0988

    Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of a divorce settleme

  • Crawford v. City of New Castle

    Publication Date: 2022-09-12
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0989

    Court denied preliminary objections to a plaintiff's tort complaint arising out of defendant city's refusal to pay plaintiff as a surviving spouse under her ex-husband's pension plan. The court denied the objections finding that while the current police pension plan provided that the benefits should be paid towards a surviving spouse, the plan that was approved by the city and implemented for more than twenty years allowed plaintiff to be paid pursuant to a Domestic Relations Order which was in effect as a result of the divorce settle