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Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case Number: 21-2801
Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:21-cv-2700-MMB
Defendant moved for judgment as a matter of law in plaintiff's Americans with Disabilities Act action after jury found in plaintiff's favor and awarded compensatory and punitive damages and court noted that jury found plaintiff could perform the essential functions of her job, defendant failed to offer a reasonable accommodation and treated plaintiff at least with recklessness and evidence sufficiently supported the jury's findings. Motion denied.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-cv-02583
Defendants moved to alter or amend judgment in action finding it failed to pay travel time to employees traveling between different clients' homes or between defendant's office and client homes and court found the travel time was "indispensable" and compensable, defendant failed to keep records, its violation was willful and trial court properly granted summary judgment on damages and an injunction. Motion denied.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Distribution and Wholesale
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3230
Employer failed to prove plaintiff completely withdrew from labor market where plaintiff accepted consulting and part-time work that ultimately led to full-time employment. Defendant's motion for partial summary judgment denied.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
Case Number: 21-2491
District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1158 C.D. 2021
Requiring a workers' compensation claimant under Act 46 to prove exposure to a substance listed on the International Agency for Research on Cancer's Group 1 carcinogens did not change the evidentiary burden for a claimant to prove entitlement to the statutory presumption of causation even though ongoing medical research led to alterations of the Group 1 list. Order of the WCAB affirmed.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1773
Defendant moved for summary judgment in plaintiff's Americans with Disabilities Act, Family and Medical Leave Act, interference under the Families First Coronavirus Response Act and violation of the Pennsylvania Human Relations Act action over her termination and court found plaintiff failed to point to any evidence to show her termination was motivated by any association between her and her disabled son, she failed to point to any evidence to support her FMLA interference or retaliation claims and defendant was entitled to a good fai
Publication Date: 2023-07-03
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 1:20-cv-00663
Court awarded attorneys' fees to defendant where plaintiff did not meaningfully contest the reasonableness of defendant's counsel's hours worked or hourly billing rate. Defendant's motion for attorneys' fees granted.
Publication Date: 2023-06-26
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 526 C.D. 2022
Petitioner appealed the holding it had unintentionally violated the Prevailing Wage Act and was personally financially responsible for the failure to comply with the act and court found the act did not authorize the bureau to impose penalties on public bodies who failed to comply with the act as petitioner had argued. Affirmed.
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