Paige Macdonald-Matthes and Henry Noye Successfully Secured the Dismissal of a Suit Against Their Client

January 03, 2023

Obermayer litigation partners Paige Macdonald-Matthes and Henry Noye recently secured the dismissal of Centric Bank (“Centric” or “the Bank”) via Summary Judgment in a commercial litigation matter pending in the United States District Court for the Eastern District of Pennsylvania.

Briefly, the action arose out of a long-standing relationship between Centric and the plaintiff, Michael Sciore, in which the Bank provided millions of dollars in business loans to the plaintiff, which he defaulted on.  Thereafter, the plaintiff initiated this suit alleging claims of unjust enrichment and quantum merit on the basis that he provided Centric “substantial services” related to developing a mortgage lending program, for which the bank failed to compensate him.  Specifically, plaintiff alleged his services to the bank included providing access to his proprietary mortgage software program and a mortgage pricing tool; identifying and referring mortgage officers whom the bank hired, and consulting with the bank on a myriad of related issues. In prevailing on the merits of the claims, Macdonald-Matthes and Noye established the lack of evidence in the record to support a presumption of the burdens the plaintiff was required to establish.

Specifically, the Court ruled that the plaintiff failed to demonstrate that any services he provided resulted in a “benefit” to the Bank. Additionally, the Court also noted the defense’s argument that the “sham affidavit doctrine” applied, given the plaintiff’s efforts to defeat dismissal via affidavit statements that contradicted deposition testimony. 

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