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Publication Date: 2024-03-01
Practice Area: Contracts
Industry: Hospitality and Lodging | Insurance | Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Allen
Attorneys: For plaintiff:
for defendant:
Case Number: 00733
Plaintiffs appealed the court's grant of summary judgment in favor of defendants in plaintiffs' actions for legal malpractice and breach of contract. The court explained that it granted defendants' motions in the consolidated actions where plaintiffs failed to show the existence of a contract or attorney-client relationship between the pertinent parties in a multi-party dispute about negligent handling of a workers' compensation claim.
Publication Date: 2024-03-01
Practice Area: Contracts
Industry: Retail | Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1174
Court rejected motion to exclude damages expert's report where defendants' objections to the report went to weight and credibility rather than fit and reliability. Defendants' motion to exclude denied, parties' motions to seal granted.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Food and Beverage | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hangley
Attorneys: For plaintiff:
for defendant:
Case Number: 1728 EDA 2023
The trial court, in a §1925(a) opinion, urged affirmance of its order granting an unopposed petition to open the case following a trial at which defendants failed to appear for a trial after notice was sent to their attorney.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Construction | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2051-KSM
Defendant window company moved to compel arbitration in plaintiffs' action over leaking window installed by window company's subcontractor and court found the subcontractor agreement between company and subcontractor construction company was valid and enforceable and required construction company to abide by the arbitration clause in service contract between plaintiffs and window company. Motion granted.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2847
Although jury incorrectly found the existence of a contract where such contract would be barred by the statute of frauds, defendant failed to properly seek relief in the form of a new trial. Plaintiff's post-trial motion denied in part and granted in part.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-04387
Defendants moved to dismiss plaintiff's action over a home and mortgage and court found plaintiff sufficiently alleged an oral contract and defendants' statute of limitations defense was not apparent on the face of the complaint but the Loan Interest and Protection Law did not apply to the mortgage because mortgage far exceeded the base amount allowed under the statute. Motion granted in part and denied in part.
Publication Date: 2024-01-29
Practice Area: Contracts
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2121
Plaintiff appealed the district court's partial denial of summary judgment.
Publication Date: 2024-01-29
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10310 OF 2022, C.A.
The court's opinion justified its overruling defendants' preliminary objections to plaintiff's second amended complaint which claimed that the defendants committed fraud and fraud in the inducement when they had a verbal and email agreement for defendants to sell a property to plaintiff that was uninhabitable and plaintiff then invested effort and money into restoring the property while it was leased to them after which defendant Barkey refused to sell at the originally agreed price resulting in unjust enrichment and a claim for reimb
Publication Date: 2024-01-29
Practice Area: Contracts
Industry: Education | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3139
Indemnification clause that expressly exempted indemnification for third-party beneficiary's sole negligence was sufficiently specific to permit beneficiary to seek indemnification for underlying injury claim caused by its partial negligence. Plaintiff's motion for summary judgment granted in part, defendant's motion for summary judgment granted in part.
Publication Date: 2024-01-22
Practice Area: Contracts
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:19-CV-00180
Defendant and third party-plaintiff security company sought leave to amend its complaint to add a claim for breach of contract after university interfraternity council rejected its demand to defend and indemnify company under their security services agreement in action over student's death from complications from injuries he sustained at a "bid acceptance night" held by a fraternity and court found allowing amendment would not further delay the proceedings. Motion granted.
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