United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 26, 1994.
Decided January 3, 1995.
Attorney(s) appearing for the Case
Kean K. McDonald, Pamela Tobin (argued), Lisa C. Fogel, Labrum & Doak, Philadelphia, PA, for appellant.
Ira B. Silverstein (argued), Gerald E. Arth, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for cross-appellant.
William J. Kennedy, Robert C. Clothier, Dechert, Price & Rhoads, Philadelphia, PA, for amici curiae: American Consulting Engineers Council, Hazardous Waste Action Coalition, Consulting Engineers Council of Pennsylvania, and AFSE: The Association of Engineering Firms Practicing in the Geosciences.
C. Grangier Bowman, Gunther O. Carrle, Powell, Trachtman, Logan, Carrle & Bowman, P.C., King of Prussia, PA, for amici curiae: American Institute of Architects, Nat. Pennsylvania Soc. of Architects and its Regional Chapters—AIA, Bucks County, AIA Central PA, Eastern PA, AIA, Middle, PA, AIA, Northeastern PA, AIA, Northwestern PA, AIA, AIA Philadelphia and AIA Pittsburgh, Coalition of American Structural Engineers, Delaware Valley Ass'n of Structural Engineers, National Soc. of Professional Engineers, Pennsylvania Soc. of Professional Engineers, Nat. Council of Structural Engineers Associations.
Before: SCIRICA, NYGAARD and McKEE, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
McKEE, Circuit Judge:
This dispute centers on the enforceability of a limitation of liability clause in a contract between a real estate developer (Valhal Corporation), and an architectural firm (Sullivan Associates). Valhal and Sullivan have both filed appeals from the order of the district court denying Sullivan's motion for partial summary judgment and granting Valhal's motion for partial summary judgment. The district concluded that...
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