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Pennsylvania Fiduciary Duty Law

In December 2007, the Tribune Company (which published the Chicago Tribune and the Los Angeles Times and held many other properties) was facing a challenging business climate. Sensing an opportunity, Sam Zell, a wealthy real estate investor, orchestrated a leveraged buy-out (“LBO”), a transaction by which a purchaser (in this case, an entity controlled by Zell and, for convenience, referred to by... More...   $0 (08-23-2015 - PA)

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

Jared Wolfe v. Allstate Property & Casualty Insurance Company

In this insurance dispute between appellant Allstate Property & Casualty Insurance Co. (“Allstate”) and appellee Jared Wolfe, we are presented with the question of whether punitive damages awarded against an insured in a personal injury suit are recoverable in a later breach of contract or bad faith suit against the insurer. It is Pennsylvania’s public policy that insurers cannot insure agai... More...   $0 (06-25-2015 - Pa)

Kisano Trade & Invest Limited v. Dev Lemster

In June of 2011, Kisano Trade & Invest Limited (“Kisano”) and Trasteco Ltd. (“Trasteco”), two companies owned by Vadim Shulman, filed suit in the U.S. District Court for the Western District of Pennsylvania against Dev Lemster and his company, Steel Equipment Corp. The complaint alleged violations of the Racketeer Influenced Corrupt Organizations Act (“RICO”), intentional interference ... More...   $0 (12-12-2013 - PA)

Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (“CAFA”). Erie Insurance Exchange (“Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. (“Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees tha... More...   $0 (06-28-2013 - PA)

Mary Burton v. Teleflex, Inc.

Appellant Mary Burton (“Burton”) alleges that her employer, Teleflex Inc. (“Teleflex”),1 terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. Burton also alleges various state law discrimination, contract, and tort claims against Teleflex. Te... More...   $0 (02-21-2013 - PA)

James D. Meyer v. CUNA Mutual Insurance Society

Appellee and Cross-Appellant James Meyer (“Plaintiff” or “Meyer”), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNA”) in connection with the financing by the URE Federal Credit Union (the “credit union”) of an automobile Meyer purchased. The policy would make the car loan payment on Meyer‟... More...   $0 (05-26-2011 - PA)

Mary C. Henderson v. UPMC d/b/a University of Pittsburgh Medical Center

Under Section 209(a)(1) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1059(a)(1), an employer has an obligation to maintain records sufficient to determine the benefits due or which may become due to each of its employees. This appeal concerns the circumstances under which an employer can be held liable for failing to maintain such records. Appellant Mary Hende... More...   $0 (04-05-2011 - PA)

Deborah L. Baldwin v. University of Pittsburgh

This appeal by the plaintiff-appellant Deborah L. Baldwin as the adoptive mother of three Trent children requires us to decide Baldwin‟s standing to claim the insurance proceeds of policies subject to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, which were purchased by the children‟s biologic mother. The District Court denied relief to Baldwin, holding that sh... More...   $0 (11-30--0001 - PA)

Richard Shook v. Avaya, Inc.

Richard and Karen Shook, husband and wife, filed suit against Avaya, Inc., Richard‟s former employer, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1104 and 1132. The Shooks contended that Avaya breached its fiduciary duty owed to them as participant and beneficiary under the Avaya Pension Plan through a series of misleading letters regarding... More...   $0 (11-02-2010 - PA)

John Szymanowski and Michael A. Wheeling v. Robert H. Brace and BCD Properties, Inc.

¶1 Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their pa... More...   $0 (11-13-2009 - PA)

The Prudential Insurance Company of America v. Robert L. Hovis, et al.

Faced with competing claims to the proceeds of a $100,000 life insurance policy, Prudential Insurance Company of America filed an interpleader complaint against the claimants, seeking to deposit the disputed sum with the District Court and withdraw from the proceedings. One of the claimants, Robert C. Hovis, then counterclaimed, alleging that Prudential had acted negligently and in bad faith in it... More...   $0 (01-29-2009 - PA)

The Law Office of Douglas T. Harris and Douglas T. Harris, Esq. v. Philadelphia Waterfront Partners, LP and charles L. Kamps III and Scott A. Blow and Patrick T. Hamley and Todd Kamps

¶ 1 At 2872 EDA 2007, Philadelphia Waterfront Partners, LP (PWP), Charles L. Kamps III, Scott A. Blow, Patrick T. Hanley, and Todd Kamps appeal from the October 22, 2007, Order granting The Law Office of Douglas T. Harris, Esquire and Douglas T. Harris, Esquire’s motion to compel and directing production of aforementioned appellants’ Blow and Hanley’s broken computers for discovery. At 2873... More...   $0 (09-22-2008 - PA)

Hahnemann University Hospital v. All Shore, Inc., et al.

Defendants-Appellants, Allshore, Inc. Employee Benefit Plan ("Allshore Plan") and Allshore, Inc., appeal from the District Court's grant of summary judgment in favor of Plaintiff- Appellee, Hahnemann University Hospital ("Hahnemann"). The Appellants also appeal the District Court's order granting Hahnemann's motion for attorney's fees and costs. For the following reasons, we will affirm the ... More...   $0 (02-03-2008 - PA)

Bro-Tech Corp. d/b/a Purolite, et al. v. Morgan Lewis & Bockius

Don and Stefan Brodie and their company, Bro-Tech Corp. d/b/a Purolite, sued Philadelphia law firm Morgan Lewis & Bockius on legal malpractice, breach of fiduciary duty and breach of contract theories claiming that defendant's lawyer gave bad advice about the potential consequences of a Canadian subsidiary selling products to Cuba in possible violation of the U.S. Trading with the Enemy Act aft... More...   $0 (01-31-2008 - PA)

Carol A. Post v. Hartford Insurance Company

Carol Post believes that she is entitled to long term
disability benefits under her former employer's disability plan.

Her treating physicians maintain that she is disabled. On the
other hand, Hartford Insurance Company, the plan administrator
(who also happens to fund the plan), has hired reviewing
physicians who maintain that Post is not disabled. In other
wor... More...
   $0 (09-24-2007 - PA)

Janice B. Leckey, et al. v. Paul W. Stefano, et al.

This is a battle for William Knapp's estate. It is in federal court because he kept much of his wealth in employee benefit trusts that were subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001–1461. Boiled down, plaintiff Janice Leckey, on behalf of herself and the estate of her deceased mother Evelyn Knapp (who initiated this suit before she died)... More...   $0 (09-03-2007 - PA)

Sandra Register, et al. v. PNC Financial Servicces Group, Inc, et al.

This matter comes on before the court on an appeal by Sandra Register, Grace B. Merchant, Susan L. Wilson, Kristina Beckman, John J. Daggett, and Richard Rhoades, ("appellants"), from the district court's order entered on November 21, 2005, granting PNC Financial Services Group, Inc., PNC Bank, NA, Pension Committee of PNC Financial Services Group, Inc. Pension Plan, and PNC Financial S... More...   $0 (02-01-2007 - PA)

Ronald L. Huber, et al. v. Robert G. Taylor, II, et al.

This case presents the ironic scenario of class action plaintiffs' attorneys who are being sued for breach of fiduciary duty and related counts by a putative class that the attorneys themselves formed for asbestos personal injury litigation. For the reasons stated below, we will vacate the District Court's grant of summary judgment to defendant attorneys and its denial of class certific... More...   $0 (11-05-2006 - PA)

Joe A. Hooven, et al. v. Exxon Mobile Corporation, et al.

This case arises out of a dispute over whether employees divested in connection with the merger between Mobil Corporation and Exxon Corporation are entitled to severance benefits. In preparation for the merger, Mobil implemented an Enhanced Change-in-Control Retention / Severance Plan (the "CIC Plan").

Plaintiffs Joe A. Hooven, et al., are former Mobil Corporation employees whose ... More...   $0 (10-25-2006 - PA)

EToll, Inc., v. Elias/Savion Advertising, Inc., et al

Appellant, eToll, Inc., appeals from the order dated November 8, 2000, granting summary judgment to defendants/Appellees, Elias/Savion Advertising, Inc. (Elias/Savion), Philip L. Elias, Ronnie J. Savion, and Daniel McCarthy. We affirm.

The procedural history of the case is as follows. On August 3, 1998, Appellant filed a complaint alleging the following facts. Appellant developed an emai... More...   $0 (11-08-2002 - PA)

Ronald J. Srein and R.J. Srein Corp. v. Frankford Trust Company n/k/a Key Trust Company

Ronald J. Srein is the sole stockholder and only employee of R.J. Srein Corporation. In the mid-1980's, Srein had created in the Corporation two ERISA qualified retirement plans, a Money Purchase Pension Plan and Profit Sharing Plan. In 1993 he sought to invest plan funds in participation agreements on so-called "viatical settlement contracts." A viatical settlement contract is, in essence, a... More...   $0 (03-14-2003 - PA)

Robert James Jackson v. Edward Kassab, William C. Archbold, Jr. and Joseph Patrick O'Brien

On June 4, 1998, Appellee filed a complaint in the Court of Common Pleas of Delaware County requesting the dissolution of KAJO Building Associates2 and an award based on a claim of Appellants' unjust enrichment.3 On December 18, 1998, Appellants filed their answer and counterclaims that alleged breach of contract, breach of fiduciary duty, and fraud against Appellee based on the same position... More...   $141212 (12-02-2002 - PA)

Etoll, Inc. v. Elias/Savion Advertising, Inc.

Appellant developed an email product called "e-mail 97." On February 25, 1997, Appellant entered into an agreement with Elias/Savion to market and advertise the product.

3 Count 1 for fraud was asserted against all Appellees. Appellant asserted that the Appellees told Appellant that they had the knowledge, expertise, and experience to advertise and market the product properly, when in fact... More...   $0 (11-11-2002 - PA)

Roush v. New England Mutual Life Insurance

Plaintiffs initiated this Employee Retirement Income Security Act (“ERISA”)1 action against defendants with the filing of a complaint pursuant to ERISA § 502(e)(1), 29 U.S.C. § 1132(e)(1) and 28 U.S.C. § 1331.

In their complaint, plaintiffs allege both state law and ERISA claims with respect to defendants’ purported mismanagement of assets under an employee pension benef... More...   $0 (10-16-2001 - PA)

In Re Unisys Corp.

We are asked to review two orders granting partial summary judgment to the defendant in this ERISA action. Review of one order requires us to interpret ERISA's statute of limitations for breach of fiduciary duty claims, 29 U.S.C. S 1113. Review of the other requires us to determine whether the defendant fiduciary, if found to have made material misrepresentations to the plaintiffs, may be he... More...   $0 (03-09-2001 - PA)

Bohler-Uddeholm America, Inc. v. Ellwood Group, Inc.

Appeal by defendant Ellwood Group, Inc., (Ellwood) from a final judgment entered against it by the District Court for the Western District of Pennsylvania in favor of plaintiff Uddeholm Tooling AB (Uddeholm). This complicated commercial case emerges from the disintegration of a joint venture entered into by Ellwood, a Pennsylvania corporation in the business of for ging steel ingots into va... More...   $0 (05-21-2001 - PA)

Mellon Bank, N.A. v. Deluxe Data Systems, Inc.

Breach of contract, breach of fiduciary duty, tortious interference, misappropriation of trade secrets, unfair competition and fraud - Government contract to disburse funds to Social Security recipients. Plaintiff claimed that Defendant wrongfully dealt with it and with Citibank at the same time to develop bids for a government contract to disburse Social Security payments to recipients. ... More...   $30000000 (10-29-1997 - PA)

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