Danny Cerrone recently obtained a non-jury verdict in favor of the firm’s client, Morgan Franklin & Co., in the Court of Common Pleas of Allegheny County, Pennsylvania. Morgan Franklin held a 5% ownership interest in a limited partnership. In 2002, the general partner informed Morgan Franklin that the limited partnership was going to dissolve, and that Morgan Franklin would receive the pro rata book value of the company. Morgan Franklin received payment of around $200,000, based upon the purported book value. After receiving the payment, Morgan Franklin learned that the general partner sold the limited partnership for $34 million. Allen Lopus and Robert Ridge sued the general partner on behalf of Morgan Franklin and, in 2006, received an arbitration award of approximately $2 million on behalf of Morgan Franklin. In 2010, the general partner filed suit against Morgan Franklin for claims of breach of implied contract, unjust enrichment and quantum meruit based upon an alleged indemnification obligation arising out of the sale of the limited partnership and the arbitration award. Essentially, the general partner argued that the limited partnership sellers were required to defend and indemnify the purchaser and that, because of the arbitration award, Morgan Franklin was a de facto seller, and thus obligated to indemnify under the sales agreement. The non-jury trial resulted in a defense verdict in favor of Morgan Franklin, with a strong opinion from the Judge in our favor.
Danny P. Cerrone, Jr.Danny Cerrone, Jr. Clark Hill
Danny P. Cerrone, Jr.
Danny P. Cerrone, Jr. represents clients in construction and commercial matters. Danny regularly assists clients in the drafting and reviewing of contracts and represents clients in a variety of disputes involving construction law and commercial litigation.
Danny is a civil trial lawyer with a concentration in construction and commercial matters. In the construction arena, Danny represents owners, developers, design professionals, general contractors, subcontractors, suppliers, and sureties across a range of disputes involving public and private construction projects. Danny works closely with clients throughout every phase of the construction process, from negotiating contracts to obtaining final completion. Danny routinely assists clients with payment disputes, payment and performance bond claims, mechanics' lien claims and defenses, delay, acceleration and inefficiency claims, change order disputes, claims for differing site conditions, One Call Act claims, and prompt payment statute issues.
Danny also represents individuals and companies in a wide variety of commercial matters – both in and out of the courtroom. To prevent or avoid costly legal disputes, Danny helps clients by drafting and negotiating contracts and other agreements. When disagreements necessitate formal legal action, however, Danny assists clients in state and federal courts, in arbitration hearings, and before administrative tribunals and regulatory agencies. The types of matters Danny frequently counsels client on involve:
- Fiduciary duty considerations;
- Claims arising in tortious interference with contractual relations;
- Contract issues;
- Nuisance and trespass concerns;
- Professional and general negligence claims;
- Ethics and compliance matters;
- Environmental claims and compliance;
- Unfair trade practice concerns;
- Consumer protection matter; and
- A wide variety of actions involving laws such as the Political Subdivision Tort Claims Act, the Clean Streams Act and the Pennsylvania Storage Tank Act.