For those practicing in Philadelphia’s Commerce Court, here are some notes on recent decisions.
March 2, 2020 (Abuse of Process/Wrongful Use of Civil Proceedings)
American Entrance Services, Inc. v. ACME Markets, Inc. This abuse of process case is summarized in an earlier Blog post, linked here.
February 12, 2020 (Arbitration Agreements)
Humphrey v. GlaxoSmithKline PLC. Judge Glazer addressed the issue of whether non-signatories to an arbitration agreement could be bound by the agreement. In this case, none of the signatories to the arbitration agreement were parties to the litigation, and the petition to compel arbitration was denied. A copy of the opinion can be found here.
February 11, 2020 (Waiver on Appeal)
Brophy v. Belfi. Judge Wright Padilla issued this opinion after the case was appealed. She found that the appellant waived all issues on appeal for (1) failing to file post-trial motions; and (2) failing to file the required Pa.R.A.P. 1925(b) statement of issues on appeal. A copy of the opinion can be found here.
February 5, 2020 (Insurance Coverage)
Penn Patriot Insurance Company v. Dowlings Palance, Inc. In this insurance coverage case, Judge Djerassi determined there was a duty to defend because of an ambiguity in an exclusion. The case settled, but it could not be determined on the available facts whether there was a duty to indemnify. A copy of the opinion can be found here.