By: Riley Brennan
Cohen Seglias partners Roy Cohen and Lori Wisniewski Azzara and associates Sydney Pierce, Kelsey Riehle and Mara Stella recently obtained a successful opinion for their client, Broadway Electric Service Corp. (BESCO). The Legal Intelligencer recently published an article detailing the case.
U.S. District Judge William S. Stickman IV of the Western District of Pennsylvania concluded that BESCO’s act of filing a third-party complaint was permitted by the parties’ contract agreement, which contained an arbitration clause. A.P.I. Inc’s preliminary injunction was determined to be inappropriate because BESCO hadn’t waived its right to submit its dispute against A.P.I.
Roy stated “The client is very pleased that the court upheld the arbitration provision in the contract with API. It’s an important decision because it strengthens these arbitration clauses that merit enforcement, and we were glad the court saw that we had not waived our right.”
Following years of litigation and numerous lawsuits, a federal judge denied a company’s motion for a preliminary injunction against an electric service corporation, finding the corporation was allowed to pursue arbitration proceedings despite having previously filed a third-party complaint in court.
U.S. District Judge William S. Stickman IV of the Western District of Pennsylvania concluded that A.P.I. Inc.’s preliminary injunction wasn’t appropriate because Broadway Electric Service Corp. (BESCO) hadn’t waived its right to submit its dispute against API to arbitration.