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United States Third Circuit


Acumed LLC v. Advanced Surgical Servs., Inc, 07-1869

In a dispute over a sales contract, district court's judgment is reversed where: 1) the district court erred in not granting defendant's motion for judgment as a matter of law on plaintiff's tortious interference with contractual relationships claim as as the jury did not find that defendant's conduct constituted fraudulent misrepresentation; and 2) compensatory and punitive damages against defendant and grant of an injunction in plaintiff's favor should not have been awarded. Judgment is affirmed where the district court properly ruled against defendant on evidentiary issues, attorneys' fees, judgment as a matter of law on defendant's counterclaims, summary judgment on the groundless litigation claim, and order holding defendant in contempt of court.

Appellate Information

  • Argued 12/02/2008
  • Decided 03/20/2009
  • Published 03/20/2009

Judges

  • Before: AMBRO and GREENBERG, Circuit Judges, and RODRIGUEZ, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Gary Green (argued), Sidkoff, Pincus & Green, Philadelphia, PA, Attorneys for Appellants.

  • For Appellees:
  • Michael L. Eidel (argued), Erin L. Ginsburg, DLA Piper, Philadelphia, PA, Bruce W. McCullough (argued), McCullough & McKenty, Wilmington, DE, Attorneys for Appellees.
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