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Articles Posted in Business Litigation and Dispute Resolution

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Kang, Haggerty, Fetbroyt All Named to South Jersey Magazine’s Awesome Attorneys List

Press Release Kang, Haggerty, Fetbroyt All Named to South Jersey Magazine’s Awesome Attorneys List Cherry Hill, NJ (December 4, 2015): Kang Haggerty LLC (KH), with offices in Philadelphia, PA and Cherry Hill, NJ is pleased to announce that all three named partners in the firm have been selected in the…

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Pennsylvania Supreme Court Holds That CASPA Does Not Apply Where The Owner Is A Government Entity

In Clipper Pipe & Serv., Inc. v. Ohio Casualty Insurance Co., the Pennsylvania Supreme Court held that the Contractor and Subcontractor Payment Act, 73 P.S. §§ 501-506 (“CASPA”), does not apply to construction projects where the owner is a government entity. The United States Department of the Navy had entered…

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Independent Fraud Claim Cannot be Forced Into Arbitration

In its August 11, 2014 decision in Griswold v. Coventry First, LLC, et al. the Third Circuit affirmed the District Court’s decision that denied Defendant’s motion to compel arbitration, and held that Plaintiff, Lincoln T. Griswold, was not estopped from pursuing his fraud claim by rejecting arbitration. Griswold purchased an…

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Point Five Percent (0.5%) of the Real Thing

With lawsuits directed at the marketing campaigns of trendy products becoming as trendy as the products themselves,1 the United States Supreme Court recently gave POM Wonderful its blessing to bring a Lanham Act claim against Coca-Cola for a potentially misleading label that is compliant with the Food, Drug, and Cosmetic…

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Superior Court Clarifies Pennsylvania Law on Non-Compete Agreements

On May 13, 2014, the Superior Court of Pennsylvania, in Socko v. Mid-Atlantic Systems, clarified the requirement of new consideration when an employer and employee enter into an employment agreement containing a non-competition restrictive covenant after commencement of employment. As an appellate decision, this new clarification leaves a lasting and…

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Much Ado about Non-Competes

In energy, technology, healthcare and other key sectors of the economy, employers increasingly insist their employees agree to non-competes and other post employment restrictions. Yet when the employment relationship ends, the restrictive covenants are either ignored by both the employee and the employer or fought out in court with the…

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The Walls Come Tumbling Down: The Economic Loss Doctrine Uncovered

The economic loss doctrine prevents a plaintiff from recovering purely economic losses via a tort action (i.e., a negligence claim) in the absence of personal injury or damage to “other property.”  One court has described the economic loss doctrine as “prohibit[ing] plaintiffs from recovering in tort economic losses to which…

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Back to the Future- Or, Back to the Courthouse

In a blast from the past and a shout out to movie buffs everywhere, the widow of John DeLorean is in litigation against a company from Texas associated with her husband’s legendary car famously featured in the Back to the Future films.  According to Sally DeLorean, DeLorean Motor Company in…

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Litigation Holds and Governor Christie

When dealing with legal matters, company records and data pertaining to litigation is of vital importance in the resolution of the matter at hand.  When a company becomes aware that it is involved in, or may become involved in, litigation, a litigation hold should… Litigation Holds When dealing with legal matters,…

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The Sherman Act and its International Reach

by Jacklyn Fetbroyt, Esq. The Sherman Antitrust Act of 1890 has long stood as a benchmark in antitrust law, aimed at the prevention and dismantling of business enterprises which have knowingly set out to gain monopolistic power over a given market.  While the Sherman Act… The Sherman Act The Sherman Antitrust…