pdf

contract litigation

Contract disputes are a major focus of the Firm’s complex commercial litigation practice.  Our experience ranges from litigating significant contract matters for our Fortune 500 clients to resolving a wide range of contract issues on behalf of the region’s entrepreneurial businesses. 

Our litigators have achieved the following results for our clients:

  • On behalf of IBM, Conrad O’Brien lawyers obtained dismissal of all but one of the claims in a case in the United States District Court for the Eastern District of Pennsylvania. GlassHouse Sys., Inc. v. IBM Corp., 607 F. Supp. 2d 709 (E.D. Pa. 2009).  Then, in July 2011, following a four-day bench trial, the court entered judgment in favor of IBM on the remaining promissory estoppel claim.  GlassHouse Sys., Inc. v. IBM Corp., 2011 WL 2937389 (E.D. Pa. July 20, 2011).  The plaintiff did not appeal the decision of the district court.  
  • A team of Conrad O’Brien lawyers successfully represented IBM in the United States District Court for the Eastern District of Pennsylvania, and in the Third Circuit, in a case brought by a potential subcontractor under a “teaming agreement” entered into in connection with a contract between IBM and the Department of Defense.  This long-running case involved dismissal of all claims against IBM in the district court in 2006, a 2008 Third Circuit decision reinstating one claim, followed by dismissal of that claim a second time by the district court and affirmance by the Third Circuit in 2009.  Trianco, LLC v. IBM Corp., 466 F. Supp. 2d 600 (E.D. Pa. 2006), aff’d in part, rev’d in part, 271 Fed. Appx. 198 (3d Cir. 2008); 583 F. Supp. 2d 649 (E.D. Pa. 2008), aff’d, 347 Fed. Appx. 808 (2009). 
  • Conrad O’Brien lawyers represented an international information technology company in a dispute with a major subcontractor over a multimillion dollar hardware/software design and installation contract.  The subcontractor filed a complaint against our client in Illinois.  We worked with our client to assess its exposure and potential claims against the subcontractor and its surety, and assisted in achieving a settlement.  The subcontractor voluntarily dismissed its complaint before any further litigation proceedings were necessary.  
  • Conrad O’Brien lawyers represented a market leader in the sale of wastewater treatment chemicals in a Pennsylvania statecourt action in defenseof tortious interference with contract claims.  After a week of trial, the courtfound that plaintiff had not proved his case and entered a non-suit, dismissing the case in favor of our client.  Wayne Laraway v. Polydyne Inc. 
  • Conrad O’Brien lawyers represented an international gas distributor in a $16 million breach of warranty action, claiming that equipment purchased from the defendant had serious flaws caused by improper welding.  We achieved a settlement for our client.  
  • In March 2010, Conrad O’Brien lawyers won a motion to dismiss for our client, Lorillard Tobacco Company, in a multi-million dollar breach of contract claim.  In its opinion, the district court found that the parties’ distributorship contract was a contract of indefinite duration and therefore terminable at-will under Pennsylvania’s Uniform Commercial Code.  D&M Sales, Inc. v. Lorillard Tobacco, Co. 2010 WL 786550 (E.D. Pa. Mar. 8, 2010). 
  • Our lawyers prosecuted a breach of contract action in the Philadelphia Court of Common Pleas with respect to a production contract on behalf of a supplier of uniforms for waitstaff, leading to a settlement ensuring payment to our client. 
  • We defended an outside advertising developer in a suit alleging, inter alia, fraud and misrepresentation in connection with an outdoor advertising transaction.  The New Jersey state court entered judgment on the merits in favor of our client on all claims. 
  • On behalf of the same outdoor advertising developer, our lawyers brought an action for specific performance against a commercial landowner.  The New Jersey state court granted summary judgment on liability in favor of our client.   
  • Our lawyers represented an educational management company in a lease dispute with one of the region’s largest landowners, reaching a settlement prior to litigation.  
  • Conrad O’Brien’s attorney represented the principal of a capital investment firm in a tortious interference with contract suit in federal court in the Eastern District of Pennsylvania, obtaining a voluntary dismissal of claims against our client that had been pending for four years.