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Weekly Caselaw Updates

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Sullivan v. Max Spann Real Estate & Auction Co.

The New Jersey Superior Court affirmed the opinion of the Appellate Division, holding that New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards does not prohibit an auction house from providing a contract for sale without a three-day attorney review period. The issue arose when someone bought…

Sullivan v. Max Spann Real Estate & Auction Co.
New Jersey Supreme Court

The New Jersey Superior Court affirmed the opinion of the Appellate Division, holding that New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards does not prohibit an auction house from providing a contract for sale without a three-day attorney review period. The issue arose when someone bought the property at an auction,… Continue reading Sullivan v. Max Spann Real Estate & Auction Co.

Primmer v. Harrison
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the trial court’s order enforcing the parties’ palimony agreement concerning the dissolution of their relationship. The parties entered into the agreement and abided by its terms for some time. But the plaintiff never paid her share of the down payment. The defendant stopped paying his monthly share. Then, the… Continue reading Primmer v. Harrison

KPMG LLP v. Pa. Dep’t Human Svs.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the agency’s decision to deny KPMG’s bid protests. The Pennsylvania Department of Human Services (DHS) issued a Request for Proposal (RFP) seeking proposals for comprehensive business planning services to support a range of activities within the Information Technology (IT) program project delivery services. DHS received two submissions—one from KPMG and one… Continue reading KPMG LLP v. Pa. Dep’t Human Svs.

Dressler Family, LP v. PennEnergy Res., LLC
Pennsylvania Superior Court

The Pennsylvania Superior Court found that the provisions in a lease were ambiguous in this oil and gas lease/breach of contract case. The Dresslers entered into an Oil and Gas Lease with the defendant. The Lease permitted the defendant to engage in oil and gas exploration and production operations on the Dresslers’ property in return… Continue reading Dressler Family, LP v. PennEnergy Res., LLC

Gasbarre Products, Inc. v. Smith
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s ruling that the parties entered into an enforceable agreement. Smith worked as a president at the Company for 18 years. In2017, he and the Company’s CEO  entered into discussions regarding Smith’s retirement and his withdrawal from the Company’s board of directors. In 2019,  Smith and the CEO… Continue reading Gasbarre Products, Inc. v. Smith

Sodexomagic, LLC v. Drexel Univ.
3rd Circuit

After a long-standing business relationship soured, the ensuing litigation went big. For years, a vendor provided food services at a private university, but in 2014 the university announced that it would competitively bid the contract for on-campus dining. Although the same vendor ultimately won that competition, the process of bidding, negotiating, and finalizing that new… Continue reading Sodexomagic, LLC v. Drexel Univ.

Evans v. Capital Blue Cross
Pennsylvania Superior Court

The Pennsylvania Commonwealth Court reversed the trial court’s order, which granted summary judgment. Capital Blue Cross (“CBC”) employed Evans. CBC provided its employees with short-term disability benefits under its Salary Continuation Benefit Plan (“the Program”), which was described in a summary plan description (“SPD”). Evans timely applied for shortterm disability benefits under the Program, and… Continue reading Evans v. Capital Blue Cross

Patel v. Kandola Real Estate
Pennsylvania Superior Court

The Pennsylvania Superior Court ruled that Appellant did not justifiably rely on representations made by Appellees. Appellee prepared a one-and-a-half-page prospectus that said a truck stop complex contained a “super volume” gas station and a “high volume” convenience store. The prospectus also made representations as to the complex’s approximate gross and net yearly income. Appellant subsequently… Continue reading Patel v. Kandola Real Estate

Wiley v. Brooks
Pennsylvania Superior Court

A family squabble ended up as a lesson in contracts taught by the Pennsylvania Superior Court. A father gifted his daughter and son-in-law some land and funded the subdivision of that land. The newlyweds agreed to re-pay him $55,000 but never did. Eventually, the mother and the newlyweds executed a promissory note for the debt… Continue reading Wiley v. Brooks

Wollen v. Gulf Stream Restoration and Cleaning, LLC
New Jersey Appellate Division

In this appeal, the New Jersey Appellate Division considered an internet-based company’s method of communicating its terms and conditions in the arena of online consumer contracts. At issue was the validity of an arbitration provision embedded in those terms and conditions that “could” be accessed via a hyperlink before the plaintiff submitted her request for… Continue reading Wollen v. Gulf Stream Restoration and Cleaning, LLC