Settlement agreement
In Khalil v. Travelers Indemnity Co., 1290 EDA 2017 (Pa. Super. 2018), Appellate Law Group LLC successfully represented the appellant on appeal from an order of the Philadelphia Court of Common Pleas granting an insurance company’s motion to enforce a settlement agreement.
Virginia McMichael persuaded the Superior Court of Pennsylvania that the executed Term Sheet was not a binding settlement agreement because it contained conditions precedent that were not satisfied. The Court reversed the trial court and remanded for trial.
Commercial supply contract
Virginia McMichael represented a California company that was the defendant in an action for breach of a commercial supply contract.
Plaintiff commenced an action in the Eastern District of Pennsylvania. McMichael argued that the federal court lacked personal jurisdiction over the out-of-state defendant under the United States Constitution and Pennsylvania’s long-arm statute. McMichael briefed and argued a motion to dismiss, which the trial court granted. Plaintiff appealed.
McMichael represented the appellee in the Third Circuit Court of Appeals. In a 2-1 decision, the Third Circuit agreed with McMichael’s analysis of the jurisdictional issue and affirmed the trial court’s order.
Consumer services contract
McMichael represented the appellees on an appeal to the Pennsylvania Superior Court in a contract dispute involving the application of an arbitration clause in a consumer services contract.
Highway construction contract
McMichael succeeded in obtaining summary judgment for a subcontractor in a contract dispute in federal court arising out of a state-sponsored highway construction project.
State contract
McMichael was lead trial counsel representing a state in a federal court case concerning the state’s guaranteed student loan program.
Virginia’s appellate knowledge and experience were invaluable to me in drafting a Superior Court brief and preparing for oral argument. Virginia quickly grasped the complex evidentiary issues in the case and her edits made the brief more succinct and readable. Her no-nonsense approach and ability to see the forest and not just the trees helped me organize my thoughts and focus on the important issues. I highly recommend Virginia McMichael and hope to be able to work with her again soon.