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Publication Date: 2024-03-01
Practice Area: Business Torts
Industry: Consumer Products
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3984
Plaintiff brought a shareholder derivative action against defendants for usurpation of corporate opportunity and related claims. The court found in favor of plaintiff upon trial, concluding plaintiff's son, as majority shareholder in the family business, usurped corporate opportunity and breached his fiduciary duties by unilaterally diverting a project from the family business to his own company.
Publication Date: 2024-02-16
Practice Area: Patent Litigation
Industry: Consumer Products
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Stickman
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-cv-2000
Plaintiff moved for a preliminary injunction in its patent infringement action alleging infringement on a design patent and court found plaintiff did not show an ordinary observer would be deceived into mistakenly purchasing defendant's accused product instead of plaintiff's Tote Hanger and plaintiff offered no concrete evidence to support the claim of irreparable harm. Motion denied.
Publication Date: 2023-12-11
Practice Area: Products Liability
Industry: Consumer Products | Manufacturing
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 14 EAP 2022
Trial court erred in concluding corporation did not regularly conduct business in a venue based solely on the percentage of the corporation's national sales that occurred in the venue, where corporation regularly distributed products through authorized dealers located in the venue. Order of the superior court affirmed.
Publication Date: 2023-12-11
Practice Area: Real Estate
Industry: Automotive | Consumer Products | Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1165 C.D. 2022
Appellant appealed the trial court's order that refused to strike restrictive covenants placed upon the title to a property in conservatorship, without advance notice to the conservator or approval of the trial court supervising the conservatorship. The court reversed and remanded with instructions to grant appellant's motion to strike restrictive covenant.
Publication Date: 2023-08-14
Practice Area: Consumer Protection
Industry: Consumer Products | Manufacturing
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 226 EDA 2023
Trial court erred in dismissing plaintiff's putative class action under the Pennsylvania Uniform Trade Practices and Consumer Protection Law based on plaintiff's failure to plead "any false or deceptive statements" because lack of such statement did not defeat a claim for relief under the CPL-catch-all provision but plaintiff's action based on deception by omission failed because he failed to plead and prove a duty to disclose. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-07-24
Practice Area: Trademarks
Industry: Consumer Products | Electronics | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1809
District court did not abuse its discretion by granting default judgment where defendants engaged in culpable, dilatory conduct that included losing multiple law firms due to failure to cooperate or pay and repeatedly submitting untimely responses to discovery request, causing substantial delay in the litigation that prejudiced plaintiff.
Publication Date: 2023-07-24
Practice Area: Consumer Protection
Industry: Consumer Products
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1940
District court correctly remanded plaintiffs' single count putative class actions alleging defendants violated the Magnuson-Moss Warranty Act after defendant removed the cases to federal court under the Class Action Fairness Act and court found the CAFA did not displace the MMWA's named-plaintiff requirements and could not serve as a basis for federal jurisdiction over MMWA class actions and defendants failed to show the amount in controversy was met for traditional diversity jurisdiction pursuant to 28 U.S.C. §1332(a). Affirmed.
Publication Date: 2023-07-17
Practice Area: Copyrights
Industry: Consulting | Consumer Products
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-02787-JMG
Computer Fraud and Abuse Act claim failed where plaintiffs could not present evidence they incurred IT consultant fees related to defendants' conduct that exceeded $5,000 in any one-year period. Defendants' motion for partial summary judgment granted.
Publication Date: 2023-07-17
Practice Area: Administrative Law
Industry: Agriculture | Consumer Products | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 104 M.D. 2023
Health department regulation requiring medical marijuana growers/processors to contract with at least two independent testing labs conflicted with Medical Marijuana Act which allowed for contracting with "one or more" labs. Petitioners' cross-application for partial summary relief granted.
Publication Date: 2023-06-20
Practice Area: Products Liability
Industry: Chemicals and Materials | Consumer Products | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys: For plaintiff: Christopher F. Cannataro, April M. Ferraro, John M. Seaman, Abrams & Bayliss, Wilmington, DE; Christopher M. Ryan, Shearman & Sterling, Washington, DC for appellant.
for defendant: Brandon R. Harper, John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.
Case Number: 22-2634
Global parent corporation did not qualify as the manufacturer of allegedly defective components which were made by a foreign subsidiary using materials produced by a third-party supplier, where the parent did not control the day-to-day manufacturing operations and merely established product standards.
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