Elliott Greenleaf WINS ANOTHER APPELLATE VICTORY
The Pennsylvania Superior Court recently reversed a trial court's finding of unjust enrichment against Elliott Greenleaf's client, and entered judgment for it. This construction supply company was sued by a plaintiff who, in exchange for employment, transferred a construction tool franchise to it. After exchanging multiple draft employment agreements, the parties never executed a final written agreement. Elliott Greenleaf's client then terminated plaintiff's employment, cancelled the construction tool franchise, and made multiple unsuccessful attempts to return the franchise to plaintiff.
At trial, Elliott Greenleaf won a defense verdict on plaintiff's breach of contract claim, but the trial court found that the plaintiff was entitled to damages on its claim for unjust enrichment.
On appeal, the Pennsylvania Superior Court affirmed Elliott Greenleaf's defense verdict on the breach of contract claims, vacated the trial court's verdict on the unjust enrichment claim, and entered judgment for the Elliott Greenleaf client on the unjust enrichment claim, holding that Elliott Greenleaf successfully established at trial that the plaintiff failed to confer a benefit that Elliott Greenleaf's client wrongfully retained.
Elliott Greenleaf's John G. Dean, Joel M. Wolff and Joseph J. Joyce, III represented the successful client in the trial court of Luzerne County and in the appeal. |
