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James G. McLean and Joseph F. McDonough obtained a complete dismissal of a third-party complaint filed against The Buncher Company by the Pittsburgh Water and Sewer Authority. A Law360 article titled, “PA Utility Can’t Get Developer to Cover Stormwater Suit,” reported that the Plaintiff, Citizen’s For Pennsylvania’s Future, filed a complaint in federal court against The City of Pittsburgh and the PWSA seeking a ruling that Buncher’s Stormwater Management Plan for its Strip District development violated various local ordinances and federal and state statutes.

“Because no underlying liability exists, no cause of action for breach of contract has accrued and Buncher’s duty to defend has not been triggered under Pennsylvania law,” Buncher said. “In short, there is no actual current case or controversy for this honorable court to adjudicate with respect to Buncher and the PWSA.”

The PWSA filed a third-party complaint against The Buncher Company alleging breach of contract and seeking defense and indemnity for the claims against PWSA. Following extensive briefing, Magistrate Judge Mitchell of the United States District Court for the Western District of Pennsylvania ruled that Buncher should be dismissed from the action. 

Read the full article – “PA Utility Can’t Get Developer to Cover Stormwater Suit” (Law360, June 7, 2013)