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Four Top 2023 Philadelphia Commerce Court Opinions

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July 26, 2024
The Philadelphia commerce court, dedicated in part to creating an equitable and consistent body of commercial law, issued some 24 decisions last year. This article highlights four of the most consequential: In Ambox v. Pocklington, the court upheld judicial privilege to dismiss a retaliatory lawsuit. In LL Capital Partners v. Tambur, the court denied a stay request due to lack of concrete evidence of a criminal investigation. Apex Realty v. Elverta addressed the rights of junior creditors in sheriff’s sales, and Skw-B Acquisitions v. Stobba Residential saw the rare appointment of a receiver to manage mismanaged commercial property.

Pennsylvania Federal Court Holds Insurer Can’t Use Insured’s Admission to Withdraw Defense

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It has long been the rule, under Pennsylvania law, that an insurer’s duty to defend is determined “solely” by the allegations in the “four corners” of the complaint against the insured. Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888, 896 (Pa. 2006). A corollary of that rule —