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…
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
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
In this case, the New Jersey Supreme Court considered whether an arbitrator’s interpretation of a labor agreement was “reasonably debatable” and should have been upheld on appeal. In 2011, the Borough of Carteret and the Firefighters Mutual Benevolent Association, Local 67 (FMBA) executed a collectively negotiated agreement (CNA) governing the terms and conditions of employment… Continue reading Borough of Carteret v. Firefighters Mutual Benevolent Ass’n, Local 67
Booker appealed the judgment for Discover Bank for $6,765.47 plus interest. The Pennsylvania Superior Court affirmed. First, Booker alleged the trial court erred in finding an express contract between the parties. The Superior Court concluded that Booker’s card application supported the trial court’s finding that the parties contracted for Booker’s card use per Discover’s terms… Continue reading Discover Bank v. Booker
This consolidated appeal concerned a dispute over the purchase price of shares in two companies. Appellants contended that the Orphans’ Court misinterpreted the Shareholder Agreements, misapplied the law as to the parties’ respective burdens of proof, relied on evidence that was not in the record, and excluded admissible testimony. The Pennsylvania Superior Court affirmed in… Continue reading In re Estate of Schwotzer
This dispute involved a land transfer. Circle K appealed from the entry of summary judgment in favor of the defendants and argued that the trial court misinterpreted a Right of First Refusal (ROR) clause. The Pennsylvania Superior Court agreed with the trial court’s reading of the ROR and affirmed.
In SLT Holdings, LLC v. Mitch-Well Energy, Inc., the Pennsylvania Supreme Court reviewed the trial court’s grant of partial summary judgment in favor of Appellees in their complaint in equity against Appellant on the grounds of abandonment. The Court reversed, holding that because Appellees had available to them a full and adequate remedy at law,… Continue reading SLT Holdings, LLC v. Mitch-Well Energy, Inc.
In Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC, the Pennsylvania Supreme Court confronted an issue of first impression: whether “no-hire” provisions in contracts are enforceable. Here, a transportation logistics company hired a shipping company to transport freight. The parties’ contract contained a clause that prohibited the shipping company from hiring any of the logistics… Continue reading Pittsburgh Logistics Sys., Inc. v. Beemac Trucking, LLC
Plaintiff Goldfarb claimed that Defendant Solimine reneged on a promise of employment after Plaintiff quit his job to accept a promised position managing the Defendant’s family’s sizeable investment portfolio. After Goldfarb sued, the trial court submitted the case to the jury on a theory of promissory estoppel. But the court limited Plaintiff’s potential damages. The… Continue reading Goldfarb v. Solimine
In Sullivan v. Max Spann Real Estate & Auction Co., (the Sullivan of Sullivan | Simon, LLC, was not a party), Sullivan hired Max Spann to auction a property. The highest bidder signed a sales contract at the auction and paid 10% of the full purchase price. When the buyer could not secure financing, the… Continue reading Sullivan v. Max Spann Real Estate & Auction Co.