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Contract Litigation

Contract disputes are a major focus of Conrad O’Brien’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

Notable Cases

  • Represented two firms in the commercial real estate financing industry in three separate actions arising out of a contract for the sale to a developer of a parcel of real property in Center City Philadelphia. The litigation was first brought after the parties failed to reach a written extension for the developer to close on the property.  After the developer failed to close, our client filed an action seeking a declaration that the developer was in default of the agreement and that our client was entitled to liquidated damages. The parties engaged in extensive discovery and motion practice. With motions for summary judgment pending, the parties were able to reach a settlement which permitted the developer to close on the property.  
  • Represented Hewlett-Packard and HP Financial Services Company in the U.S. District Court for the Eastern District of Pennsylvania in a breach of contract and warranty action arising out of the installation of various storage-related products and software. After initial motion practice, plaintiffs voluntarily dismissed HP Financial Services Company, and the case successfully settled before HP incurred significant discovery costs.

  • Represented IBM in a lawsuit brought by a potential subcontractor under a “teaming agreement” entered into in connection with a contract between IBM and the Department of Defense. After the district court granted IBM’s motion to dismiss, the Third Circuit remanded one claim for further proceedings. On remand, the district court granted IBM’s renewed motion to dismiss. That decision was upheld on appeal.

  • Won a motion to dismiss for Lorillard Tobacco Company in a multimillion-dollar breach of contract claim. 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.

  • Defended an outdoor 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.

  • Represented the principal of a capital investment firm in a tortious interference with contract suit in federal court in the Eastern District of Pennsylvania. We obtained a voluntary dismissal of claims against our client that had been pending for four years.

  • Represented a client facing warranty claims related to industrial ice making equipment, and secured a nonsuit in a jury trial, leaving two other defendants to proceed to an unfavorable verdict.

  • Helped resolve a series of contract disputes between our client, a large regional hospital, and the region’s largest health insurer, without litigation.