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Publication Date: 2018-08-14
Practice Area: Copyrights
Industry: Advertising | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0949
Copyright infringement case was dismissed where sole protected element common to both works was not sufficiently similar to constitute infringement. Defendants' motion to dismiss granted.
Publication Date: 2018-08-07
Practice Area: Civil Procedure | Labor Law
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0915
Principles of equity and the need for efficacious resolution of controversies weighed in favor of entering a default judgment in this case, where defendants failed to respond to plaintiffs' complaint seeking employment contributions and, inter alia, their failure to engage in the litigation process constituted culpable conduct. The court granted in part plaintiffs' motion for a default judgment.
Publication Date: 2018-06-19
Practice Area: Telecommunications
Industry: Food and Beverage | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0716
Court imposed default judgment and statutory damages equal to sublicensing fee for unlawful interception and broadcast where defendant failed to participate in litigation but declined to impose statutory damages where no evidence of willful violation. Plaintiff's motion granted in part and denied in part.
Publication Date: 2018-05-01
Practice Area: Civil Rights | Education Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0514
School districts argument that elementary students ADA claims regarding wheelchair accessibility in middle school were not ripe failed because parents had been meeting with district over the issue for two years, only 17 months remained until student began middle school and waiting until child was ready to attend middle school would preclude student from obtaining any meaningful remedy until it was too late. Motion denied.
Publication Date: 2018-05-01
Practice Area: Labor Law
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0511
The court granted union and employers summary judgment motions in bus drivers action alleging violations of his due process rights and violation of the duty of fair representation in the grievance process that led to his discharge after an accident that killed a pedestrian because driver failed to exhaust his internal union remedies, he provided no facts to support his claim of political animus by union and the record showed that business agent provided adequate representation at the hearing. Motions granted.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2018-03-20
Practice Area: Labor Law | Whistleblower Laws
Industry: State and Local Government | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0290
Although conversations outside of work concerning facts learned in course of employment was protected First Amendment speech, plaintiffs retaliation claim failed for lack of sufficient allegations that defendants were aware of or motivated by protected conversations.
Publication Date: 2018-03-06
Practice Area: Whistleblower Laws
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0228
Plaintiff sufficiently pled a violation of a statue or regulation to support his whistleblower action when he alleged that he was fired after he reported that a buildings air handlers were in poor condition and had the possibility of negatively affecting air quality in the building. Motion to dismiss denied.
Publication Date: 2018-02-27
Practice Area: Labor Law
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0203
Evidence of prior convictions admitted where offenses related directly to the offenders abilities to be truthful, such that their probative value outweighed the prejudicial effect arising from the convictions remoteness. Parties motions to introduce evidence of prior convictions granted.
Publication Date: 2018-02-13
Practice Area: Employment Litigation
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-0145
Court denied defendants motion for summary judgment in plaintiffs gender discrimination, hostile work environment, and retaliation action based on her supervisors sexual harassment and physical assault because defendants counsel admitted the existence of genuine issues of material fact with respect to each element of plaintiffs hostile work environment claims and there was no evidence in the record to support defendants self-serving testimony that plaintiff abandoned her job. Motion denied.
Publication Date: 2018-01-09
Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Native American Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 17-1911
Manager of title lending company moved to dismiss plaintiffs RICO and Pennsylvania loan interest and protection law claims, arising from an online title loan, asserting he enjoyed tribal immunity, the action was an official capacity suit and the court lacked personal jurisdiction over him but the court found that manager was the real party in interest, he was not entitled to tribal sovereign immunity since the action was personal capacity suit and the court had personal jurisdiction over him because he oversaw companys purposeful di
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