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First Niagara Risk Management, Inc. v. Folino

RESPONSE in Opposition re MOTION for Summary Judgment Partially

46 Cited authorities

  1. El v. Se. Penn. Transp. Auth.

    479 F.3d 232 (3d Cir. 2007)   Cited 603 times   10 Legal Analyses
    Holding a party moving for summary judgment on an issue on which it bears the burden of proof at trial "must show that it has produced enough evidence to support the findings of fact necessary to win"

  2. Bruno v. Erie Ins. Co.

    106 A.3d 48 (Pa. 2014)   Cited 406 times   4 Legal Analyses
    Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract

  3. Gregory v. Chehi

    843 F.2d 111 (3d Cir. 1988)   Cited 495 times
    Holding that the claims against the defendant officials in their official capacities were merely duplications of the claims against the Township itself

  4. Thompson Coal Co. v. Pike Coal Co.

    488 Pa. 198 (Pa. 1979)   Cited 606 times
    Finding that “to hold that Ralph could have entered into an illegal agreement with the legal entity of which he was sole stockholder, director and officer would be without legal or rational basis. Summary judgment was therefore properly entered as to Ralph and Pike Coal on the conspiracy charge.”

  5. Delahanty v. First Pennsylvania Bk., N.A.

    318 Pa. Super. 90 (Pa. Super. Ct. 1983)   Cited 376 times
    Highlighting difficulty of picturing fact pattern that would support finding of intentional fraud but not finding of outrageous conduct

  6. Charpentier v. Godsil

    937 F.2d 859 (3d Cir. 1991)   Cited 199 times
    Holding that failure to raise an affirmative defense in an answer does not automatically result in waiver, and that the defense may be asserted in an amended pleading, so long as the plaintiff suffers no prejudice

  7. Ferrer v. Trustees of the University of Pennsylvania

    573 Pa. 310 (Pa. 2002)   Cited 115 times
    Holding that to recover for a breach of contract, a plaintiff must prove that a contract exists, that the contract was breached, and that the breach caused the plaintiff damages

  8. Somers v. Somers

    418 Pa. Super. 131 (Pa. Super. Ct. 1992)   Cited 151 times
    Holding that "under the doctrine of necessary implication, or the Restatement's implied duty of good faith performance of contracts" the plaintiff had stated a claim for breach of contract where there was no express term in the contract which covered the conduct which was the basis of the plaintiff's claim

  9. Basile v. H R Block

    2001 Pa. Super. 136 (Pa. Super. Ct. 2001)   Cited 117 times
    Concluding that the relationship between a customer and tax preparer is not fiduciary per se, but that the instant record could give rise to a fiduciary relationship

  10. Creeger Brick v. Mid-State Bank

    385 Pa. Super. 30 (Pa. Super. Ct. 1989)   Cited 163 times
    Holding that a lending institution had not breached an implied duty of good faith by negotiating favorable terms, and distinguishing Razumick's imposition of "a duty of good faith . . . upon franchisors in their dealings with franchisees"

  11. Section 5302 - Definitions

    12 Pa. C.S. § 5302   Cited 141 times   6 Legal Analyses
    Finding that a misappropriation plaintiff "must show that the defendant used or disclosed information that it knew or had reason to know was a trade secret and that the defendant acquired such information by improper means."

  12. Section 5305 - Attorney fees

    12 Pa. C.S. § 5305   Cited 19 times   1 Legal Analyses

    A court may award reasonable attorney fees, expenses and costs to the prevailing party: (1) if a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful and malicious misappropriation exists. 12 Pa.C.S. § 5305 2004, Feb. 19, P.L. 143, No. 14, § 1, effective 4/19/2004.