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Publication Date: 2024-03-01
Practice Area: Land Use and Planning
Industry: Cargo and Shipping | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 7623 CV 2022
Appellant landowner appealed township's denial of its special exception application to construct a warehouse. The court affirmed where appellant's proposed use for its property was as a warehouse building that would be employed as a distribution center/truck terminal, which was not a permitted use.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2784
Defendants moved for summary judgment in plaintiff's action asserting Americans with Disabilities Act and Pennsylvania Human Relations Act age and disability discrimination, failure to accommodate and violation of his Family and Medical Leave Act rights after defendant refused to reinstate him as a truck driver after FMLA leave and court found plaintiff failed to meet his burden to show pretext on the age discrimination and failure to accommodate claims but a reasonable jury could find plaintiff was medically fit to return to work and
Publication Date: 2023-11-20
Practice Area: Wrongful Death
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mehalchick
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-CV-01948
Federal Aviation Administration Authorization Act preempted state law negligence wrongful death claims against freight broker where imposing duties of care under state negligence laws would require brokers to perform additional duties outside the usual scope of the broker industry. Defendant's motion for summary judgment granted.
Publication Date: 2023-10-30
Practice Area: Personal Injury
Industry: Cargo and Shipping | Transportation
Court: Superior Court
Judge: Judge DuBow
Attorneys: For plaintiff:
for defendant:
Case Number: 1746 EDA 2022
Trial court erred in ordering transfer on forum non conveniens grounds in action over a serious bus/truck accident because trial court made no finding that the witnesses who provided affidavits and statements possessed testimony relevant to appellees' defenses. Vacated.
Publication Date: 2023-09-25
Practice Area: Contractual Disputes
Industry: Cargo and Shipping | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearny
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1855
Defendant moved to dismiss plaintiff's fraudulent inducement claims relating to two contracts the parties signed and court found the fraud-insulating provision in the asset transfer agreement defeated plaintiff's claim. Motion granted.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-09-25
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1560
Court approved Fair Labor Standards Act settlement since it mitigated employee's risk of losing the case at trial due to employer's statutory defense to overtime claim. Parties' motion for approval of settlement granted.
Publication Date: 2023-08-28
Practice Area: Creditors' and Debtors' Rights
Industry: Cargo and Shipping | Retail
Court: Courts of Common Pleas, Bucks County
Judge: Judge Finley
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-02761
Defendant appealed the court's order denying their petition to set aside a writ of execution. The court requested that its denial be affirmed where the disputed writ served its purpose by giving notice to defendant and a garnishee without regard to procedural flaws alleged by defendant and a party-in-interest.
Publication Date: 2023-08-07
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1783
District court's factual findings and credibility determinations in employees' ERISA retaliation claim were not clearly erroneous, its judgment was supported by sufficient evidence, was not inconsistent with jury's verdict on employee's Americans with Disabilities Act, Age Discrimination in Employment Act and Pennsylvania Human Relations Act claims and district court did not abuse its discretion in calculating reasonable attorney fees. Affirmed.
Publication Date: 2023-08-07
Practice Area: Land Use and Planning
Industry: Cargo and Shipping | State and Local Government | Transportation
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-04841
Appellant appealed the court's order affirming the Bensalem Township Zoning Hearing Board's decision upholding a notice of violation issued to appellant and denying appellant's request for a zoning use variance or interpretation of permitted use. Court recommended the Commonwealth Court dismiss appellant's appeal and affirm its order affirming the Board's decision.
Publication Date: 2023-07-10
Practice Area: Personal Injury
Industry: Cargo and Shipping | E-Commerce
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1760
Court granted plaintiff's motion for leave to amend her complaint to join two truck drivers as non-diverse defendants in her action over a multi-car accident after defendant Amazon removed the case to federal court and thus court found it lacked subject matter jurisdiction. Motion granted, remanded.
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