Monthly Archives: January 2018

Earlier this month, the United States District Court for the Eastern District of Pennsylvania decided a construction matter that focused on two issues: 1. Whether the subcontractor waived any potential claims against the general contractor by signing the periodic releases and change orders; and 2. Even if so, whether statements made by the general contractor’s employees waived the general contractor’s claim to rely on the releases and change orders. The Court concluded that the general contractor never waived its right to rely on the releases and change orders, which themselves barred the subcontractor from asserting certain claims against the general contractor, and consequently ruled in favor of the general contractor.  The case may be found at this link: http://www.paed.uscourts.gov/documents/opinions/18D0005P.pdf  

In a case of first impression, the Pennsylvania Superior Court ruled that the majority members of a limited liability company owe a fiduciary duty to the minority members that is breached if the majority sell the LLC’s assets to a new LLC controlled by the majority members.  The opinion may be found at this link: http://www.pacourts.us/assets/opinions/Superior/out/Opinion%20%20ReversedRemanded%20%2010334626430440435.pdf