LIPMAN BROTHERS, INC. v. APPRISE SOFTWARE INC.

Filing 40

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, )

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.