Welcome to LUCAS and CAVALIER, LLC
We trust you will enjoy this newsletter which reports on two recent favorable case results we obtained for our clients in commercial litigation involving real estate and Constitutional claims of alleged due process and equal protection violations. We have also continued to follow an issue previously reported on and now clarified by the Pennsylvania Supreme Court concerning the scope of the attorney-client privilege. We also discuss the interesting issue of litigation privilege. Lastly, we address a case from New Jersey which provides guidance as to specificity required in settlement agreements, particularly as it relates to the recoverability of attorney's fees.
In our next edition we will cover different substantive areas to address issues other segments of our client base more frequently encounter. If you have any comments or questions regarding our newsletter or would like specific topics addressed in the future, kindly let us know. Thank you.
Sincerely,
Robert M. Cavalier,
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Professional Association Contracting with Government Not a State Actor
By:
Robert
M. Cavalier
Robert M. Cavalier and Jordan S. Tafflin recently prevailed on a motion to dismiss plaintiffs' complaint, on behalf of the International Association of Chiefs of Police ("IACP"), pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court dismissed plaintiffs' claims against IACP sounding in due process and equal protection violations pursuant to 42 U.S.C. §1983 and breach of contract due to their alleged status as a third party beneficiary. Moreover, the Court granted IACP's motion to have plaintiffs provide a more definite statement pursuant to F.R.C.P. 12(e) for the only remaining cause of action asserted against IACP, presumably fraud.
Full Story
Commercial Real Estate - Suing Sole Shareholder Insufficient
By:
Daniel S. Strick
Robert M. Cavalier and Daniel S. Strick successfully argued before the
Pennsylvania Superior Court in the matter of
Graeber v. Kapuscinski, et al and obtained a reversal of the trial
court's decision in litigation involving the potential sale of commercial real
property located in Philadelphia, Pennsylvania.
Full Story
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