United States Third Circuit

Dismissal of plaintiffs' complaint alleging breach of covenant of good faith and fair dealing and breach of contract regarding the financing of plaintiffs' student housing development projects is: 1) affirmed in part, where plaintiffs alleged insufficient facts to support the conclusion that defendant provided any proprietary information regarding plaintiffs' project to competing developers and the implied duty of good faith and fair dealing did not extend so far as to prevent defendant from providing financing to plaintiffs' competitor; and 2) vacated and remanded in part, where the district court erred by deeming pre-sale numbers in the original complaint to be binding judicial admissions, notwithstanding the fact that the original complaint had been superseded by an amended complaint.

Appellate Information

• Decided 04/04/2013
• Published 04/04/2013

Judges

• HARDIMAN

Court

• United States Third Circuit

Counsel