BLF attorneys have extensive experience in litigating disputes arising out of commercial contracts. Our representative engagements in this area include:
- Successfully defending a national telecommunications provider against a breach of contract claim brought by a subcontractor. The subcontractor claimed that it had had an agreement to assist BLF’s client in providing telecommunications services to the Commonwealth of Pennsylvania, and that as a result of the client’s alleged breach of that agreement, the subcontractor had suffered $5 million in lost profits. BLF removed the claim to federal court, eliminated several claims on a motion dismiss, and then, after discovery won a summary judgment for the client on the remaining claims.
- Defending a major Center City Philadelphia landowner in an appraisal dispute with a tenant who exercised its option to purchase. When the appraisal favored BLF’s client, the tenant sued in equity to set aside the appraisal award, on the ground that a mistake had been made. BLF filed a motion to dismiss, relying upon Pennsylvania’s common law arbitration statute, which only allows awards to be set aside in extreme circumstances that do not include mistake. Soon after BLF filed its papers, the parties agreed to settle the matter.
- Successfully defending BLF’s client, a small pharmaceutical company, against claims that the client had breached the terms of the parties’ letter of intent by failing to negotiate in good faith. The New Jersey Superior Court granted judgment in the client’s favor at the close of plaintiff’s case. On appeal, the Appellate Division affirmed in a landmark ruling on the duty to negotiate in good faith under New Jersey law.