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United States District Court for the Middle District of Pennsylvania
September 8, 2014, Decided; September 8, 2014, Filed
CIVIL ACTION NO. 1:12-CV-2454
Presently before the court in the above-captioned matter are the motion (Doc. 63) for summary judgment by defendant and counterclaimant Wells Fargo Insurance Services, USA, Inc. ("Wells Fargo") and the motion (Doc. 66) for partial summary judgment by plaintiff and counterdefendant Darrell Diodato ("Diodato"), each pursuant to Federal Rule of Civil Procedure 56(a). These motions present manifold issues, several of which are nuanced and complex. For the reasons that follow, the court will grant [**2] in part and deny in part each motion.
I. Standard of Review
] Through summary adjudication the court may dispose of those claims that do not present a "genuine issue as to any material fact" and for which a jury trial would be an empty and unnecessary formality. See Fed. R. Civ. P. 56(a). ] The [*548] burden of proof is upon the non-moving party to come forth with "affirmative evidence, beyond the allegations of the pleadings," in support of its right to relief. Pappas v. City of Lebanon, 331 F. Supp. 2d 311, 315 (M.D. Pa. 2004); Fed. R. Civ. P. 56(e); also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). ] This evidence must be adequate, as a matter of law, to sustain a judgment in favor of the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-57, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-89, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986); see also Fed. R. Civ. P. 56(a), (e). Only if this threshold is met may the cause of action proceed. Pappas, 331 F. Supp. 2d at 315.
II. Statement of Material Facts1
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
44 F. Supp. 3d 541 *; 2014 U.S. Dist. LEXIS 125002 **
DARRELL DIODATO, Plaintiff v. WELLS FARGO INSURANCE SERVICES, USA, INC., Defendant
Prior History: Diodato v. Wells Fargo Ins. Servs. USA, 2013 U.S. Dist. LEXIS 96920 (M.D. Pa., July 11, 2013)
termination, customers, contends, summary judgment, trade secret, fraudulent inducement, gist, terms, solicitation, Producer, damages, non-solicitation, covenant, asserts, inducement, breach of contract, fair dealing, good faith, breach of contract claim, misappropriated, defamation, allegations, letters, parties, courts, unfair competition, former client, counterclaim, commissions, expenses
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Burdens of Proof, Nonmovant Persuasion & Proof, Judgments, Evidentiary Considerations, Need for Trial, Labor & Employment Law, Employment Relationships, At Will Employment, Exceptions, Tort Exceptions, Public Policy Violations, Contracts Law, Breach, Breach of Contract Actions, Torts, Business Torts, Bad Faith Breach of Contract, Fraud & Misrepresentation, Affirmative Defenses, Nondisclosure, Business & Corporate Compliance, Elements of Contract Claims, Opposing Materials, Pleadings, Amendment of Pleadings, Memoranda in Opposition, Accompanying Documentation, Labor & Employment Law, Wage & Hour Laws, Wage Payments, Contract Interpretation, Good Faith & Fair Dealing, Defamation, Elements, Trials, Jury Trials, Province of Court & Jury, Defenses, Fair Comment & Opinion, Truth, Contracts Law, Types of Contracts, Quasi Contracts, Remedies, Equitable Relief, Quantum Meruit, Parol Evidence, Contract Conditions & Provisions, Integration Clauses, Evidence, Allocation, Conditions & Terms, Trade Secrets & Unfair Competition, Noncompetition & Nondisclosure Agreements, Antitrust & Trade Law, Consumer Protection, False Advertising, Lanham Act, Trade Practices & Unfair Competition, State Regulation, Regulated Practices, Invasion of Privacy, Appropriation, Elements, Trade Secrets Law, Protected Information, Supporting Materials