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Commercial Litigation Team Secures Three Large-Sum Judgments for Clients

December 16, 2011

Lawyers in White and Williams Commercial Litigation group have obtained three favorable judgments in October and November resulting in seven-digit figure awards each time.

On November 23, an 8-person jury found in favor of the plaintiffs in a defamation and false light action awarding a total of $1.06 million (for actual harm and punitive damages). Justin Proper, lead counsel, and Ashanti Crawford represented the plaintiffs Vincent A. Green, PFC Omole Construction, Inc. and Philadelphia Floor Cleaning against the defendants Darleen Dean (incorrectly identified as Darlene Dean) and Advanced Products & Brush Co., Inc. arising out of statements attributed to Dean in a Philadelphia Daily News article published September 14, 2006.  

The defendants had separately sued our clients – alleging breach of contract and fraud with respect to construction work our clients undertook to renovate a building owned by Dean after the Plaintiffs’ initiated suit.  The Court consolidated the two cases, and the jury ultimately found in favor of our clients, and against the defendants on the defendants’ claims for breach of contract and fraud. 

On November 3, 2011, a 12-person jury sitting in the Philadelphia Court of Common Pleas, Commerce Division, awarded $1.2 million to our client, the owner of the Windsor Suites and attached parking garage at 17th and the Ben Franklin Parkway in Philadelphia for breach of a lease agreement.  Windsor had a long-term lease with Central Parking System and its predecessors, going back to 1989.  When the lease ended in 2007, Windsor found that Central had left the garage in damaged condition and had failed to maintain it properly. 

Dick Jordan, a retired White and Williams partner, tried the case with Peter Mooney as co-counsel for Windsor. Post-trial motions filed by Central are pending.

On October 5, 2011, after a two-week jury trial in the Philadelphia Court of Common Pleas, Commerce Division, a 12-person jury found that Maglio Sausage Company unfairly competed against Leonetti's Frozen Foods, Inc. with respect to the distribution and sale of frozen stromboli. 

Leonetti's was represented by Justin Proper, David Haase, Shane Heskin and Ashanti Crawford.

Leonetti’s is a West Philadelphia-based manufacturer of handmade Stromboli products which are distributed throughout Philadelphia and its surrounding areas.  Leonetti’s asserted at trial that Maglio, also a Philadelphia-based company, unfairly competed against it by, among other things, providing samples to its customers that were materially different than the products they actually intended to distribute, using misleading images on its packaging, and using labeling that violated federal law.  In addition, Leonetti’s alleged at trial that Maglio improperly destroyed relevant documents during the course of the litigation and its request for a spoliation charge was granted by the Court. 

The jury found in Leonetti’s favor, awarding $2 million in compensatory damages.  The jury also found that the conduct of Maglio was outrageous and awarded $555,000 in punitive damages.  

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This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation with any specific legal question you may have.

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