LIPMAN BROTHERS, INC. v. APPRISE SOFTWARE INC., No. 5:2013cv04439 - Document 40 (E.D. Pa. 2015)
Court Description: OPINION/ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. #4) AND ALL SUPPORTING AND OPPOSING PAPERS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/21/15. 7/22/15 ENTERED AND COPIES MAILED AND E-MAILED. (ky, )
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LIPMAN BROTHERS, INC. v. APPRISE SOFTWARE INC. Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LIPMAN BROTHERS, INC., Plaintiff, CIVIL ACTION NO. 13-4439 v. APPRISE SOFTWARE, INC., Defendant. ORDER AND NOW, this 21st day of July, 2015, upon consideration of Defendant’s Motion to Dismiss (Doc. #4) and all supporting and opposing papers, it is hereby ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART as follows: 1. As to Count I (Fraud), the Motion is DENIED. 2. As to Count II (Negligent Misrepresentation in a Commercial Transaction), the Motion is DENIED. 3. As to Count IV (Violations of the Tennessee Consumer Protection Act), the Motion is GRANTED and Count IV is DISMISSED WITH PREJUDICE. 4. As to Count V (Violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law), the Motion is GRANTED and Count V is DISMISSED WITH PREJUDICE. 1 BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 1 The Motion did not seek dismissal of Count III (Breach of Contract), so that claim is of course not dismissed. Dockets.Justia.com
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