Summary Judgment Granted in Two Separate Commercial Cases
Summary Judgment is a procedure that allows both state and federal trial judges to dismiss a case where the moving party (typically the plaintiff) fails to produce sufficient evidence that the case should actually go to trial. If the trial court grants the motion in its entirety, the case is over and no trial is held. In some instances, partial summary judgment is granted which limits the issues which are actually tried. Recently, Partner David Dowling successfully obtained summary judgment on behalf of clients in two separate matters.
The first case involved a suit filed by a local court reporting firm seeking injunctive relief and monetary damages against a former court reporter for breach of contract arising out of an employment agreement. The reporting firm alleged that its employment contract contained a restrictive covenant which prevented the former employee from “soliciting” its former clients. At the conclusion of discovery, a motion for summary judgment was filed on behalf of the former employee arguing that there was no evidence that she had solicited any former clients. The Dauphin County Court granted the motion which ended the case.
In a second case, Mr. Dowling represented a local fire company who was sued by an entity known as Guaranty Towers who had erected a cell tower on fire company property. Several years later, a second cell tower company approached the fire company and ultimately erected a second cell tower on the fire company’s property, adjacent to the first tower. Guaranty Towers argued that its contract with the fire company prevented a competitive tower from being erected. At the conclusion of discovery, the fire company and the second cell tower company moved for summary judgment. Mr. Dowling argued that the contract did not prevent a competitive tower. The Federal District Court in the Middle District of Pennsylvania granted the motion, as well as the motion on behalf of the second tower company.