In Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 PA Super 311 (December 3, 2013), the Superior Court of Pennsylvania held that claims alleging that defectively designed and manufactured doors and windows caused physical damage and personal...
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Houston Harbaugh
Month: December 2013
Pennsylvania Superior Court Applies Six-Year Statute of Limitations to Debtor’s Damages Claims under U.C.C. Article 9
The Pennsylvania Superior Court has held that a six-year, rather than a two-year, statute of limitations applies to damages claims brought by a debtor against a creditor under U.C.C. Article 9. The case, Cubler v. Trumark Fin. Credit Union, No. 3135 EDA 2012, 2013 Pa....
Middle District Decision Allows Insurance Company’s “Bad-Faith Setup” as Affirmative Defense to Pass Pleading Stage
In Shannon v. NY Central Mutual Ins. Co., No. 3:13-CV-1432, 2013 U.S. Dist. LEXIS 165280, (M.D.Pa. Nov. 20, 2013), the Middle District of Pennsylvania recently held that an insurer could argue an insured committed a "bad-faith setup" in an attempt to obtain punitive...
District Court Holds that Compulsory Counterclaim is Subject to Forum Selection Provision in Stock Purchase Agreement
In an interesting procedural decision, the U.S. District Court for the Western District of Pennsylvania has held that a forum selection provision in a stock purchase agreement bars the assertion of a compulsory amended counterclaim. The case, Excentus Corp. v. Giant...
