United States Third Circuit

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Pediatrix Screening, Inc. v. Telechem Int'l, Inc., 08-1391

In parties' business dispute, alleging breach of contract and fraudulent misrepresentation claims, related to microarray technology for genetic screening, district court's order denying Pediatrix's Rule 59 motion and that it could not argue insufficient evidence because it failed to timely raise the issue is vacated and remanded where: 1) Pediatrix's gist of the action challenge was fully aired in the district court and preserved for appellate review; and 2) the district court erred in its disposition of the gist of the action question as there is too much uncertainty surrounding the "misrepresentation" on this record to determine whether the gist of the action was in tort or contract.

Appellate Information

  • Argued 12/15/2009
  • Decided 04/20/2010
  • Published 04/20/2010


  • Before SLOVITER, JORDAN and WEIS, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • Deena J. Schneider, Esquire (argued), Joseph J. Anclien Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, Jeffrey G. Brooks, Esquire, Minto Law Group Mary-Jo Rebelo, Esquire, Houston Harbaugh, PC, Pittsburgh, PA, Attorneys for Appellant.

  • For Appellees:
  • Kim M. Watterson, Esquire (argued), Barry J. Coyne, Esquire, Kevin S. Katona, Esquire, Reed Smith LLP, Pittsburgh, PA, Attorneys for Appellee.
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