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Publication Date: 2022-05-20
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 20-3638
Plaintiffs appealed from the district court's dismissal of their action.
Publication Date: 2022-05-16
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0533
Plaintiff could not base a wrongful termination claim on an alleged violation of Medical Care Availability and Reduction of Error Act because defendant was a "medical facility" under the act; however, she sufficiently pled a wrongful termination claim based on potential violations of statutes governing false statements relating to health care matters. The court granted in part and denied in part defendant's motion to dismiss.
Publication Date: 2022-05-16
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0461
Involuntary termination of father's parental rights was warranted where he had been absent from the child's life for at least nine years and failed to provide any support. Termination was in the child's best interest.
Publication Date: 2022-05-16
Practice Area: Criminal Appeals
Industry:
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0539
Remand of Post Conviction Relief Act petition necessary to determine whether trial counsel sufficiently discharged duty to consult with criminal defendant regarding appellate rights.
Publication Date: 2022-05-16
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0412
Plaintiff could not recover damages for injuries allegedly suffered in a slip and fall accident on defendants' property during winter conditions where there was no dispute that freezing rain and/or snow was falling as she entered defendant's establishment, while she and her family dined there and for several hours after plaintiff fell. The court granted defendants' motion for summary judgment.
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Authors: Joseph S. Britton
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Publication Date: 2022-05-16
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0538
Court declined to dismiss age discrimination claim on statute of limitations grounds at the pleadings stage where there were no allegations in the complaint as to when plaintiff received a right to sue letter and a motion to dismiss would not afford plaintiff an opportunity to rebut the presumption of receipt of the EEOC right-to-sue letter. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2022-05-16
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0551
Appellant appealed his sentence for possession of fentanyl with intent to distribute and court found district court's decision to designate appellant a career offender was correct, even though it was based on the now-defunct Hightower decision, and the record did not support a reasonable probability that district court silently held appellant responsible for victim's death at sentencing. Affirmed.
Publication Date: 2022-05-16
Practice Area: Energy and Natural Resources
Industry: Energy
Court: Superior Court
Judge: Judge McCaffery
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0541
Royalty provision in oil and gas lease was ambiguous where it did not expressly authorize the deduction of post-production costs but instead contemplated extraction and sale of gas in a manner inconsistent with current industry practices. Order of the trial court reversed, case remanded for further proceedings.
Publication Date: 2022-05-16
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Krause
Attorneys: For plaintiff: Louise Arkel and Peter M. Carter (Office of the Federal Public Defender)
for defendant: Mark E. Coyne and Steven G. Sanders (Office of United States Attorney)
Case Number: 20-2786
Inchoate Offenses Excluded from Definition of "Crime of Violence" for Sentencing Enhancement Purposes
Publication Date: 2022-05-16
Practice Area: Contracts
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0545
Plaintiff alleged defendant violated a representation agreement by failing to pay a commission and court found plaintiff demonstrated by a preponderance of the evidence he was entitled to a commission of $460,000. Award ordered.
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