Opinion
C.A. No. 11C-10-235-JRJ
09-18-2012
RE: Agere Systems, Inc., Cytec Industries, Inc., Ford Motor Company, SPS Technologies LLC, TI Group Automotive Systems, LLC v. Worthington Steel Company
Sean J. Bellew, Esq. Ballard Spahr LLP Theodore A. Kittala, Esq. Elliott Greenleaf
Judge
Sean J. Bellew, Esq.
Ballard Spahr LLP
Theodore A. Kittala, Esq.
Elliott Greenleaf
Dear Counsel:
The Court has carefully reviewed, many times, the briefing on the cross-motions for summary judgment and the relevant case law. The Court has been drafting an opinion and grappling (for the last two months) to ascertain the intent of the parties with respect to the meaning of "incurred" as that term is used in the definition of Future Costs contained in the Settlement Agreement.
Because there are genuine issues of material fact in dispute with regard to Worthington's defenses of unilateral and/or mutual mistake, the cross-motions for summary judgment are DENIED.
IT IS SO ORDERED.
Very truly yours,
Jan R. Jurden
Judge
JRJ:mls cc: Prothonotary