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  • United States v. Teva Pharm. USA, Inc.

    Publication Date: 2022-01-31
    Practice Area: Antitrust
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0101

    One drug company defendant moved for misjoinder and severance in price fixing action against two drug companies and others and court found severance was not appropriate under rule 14(a) and there was a sufficient transactional nexus between the conspiracies alleged. Motion denied.

  • Wyatt v. Smith

    Publication Date: 2020-12-14
    Practice Area: Damages
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1357

    Court granted plaintiff's request for a preliminary injunction in his action for tortious conversion against former girlfriend, who had removed his money from a temporary bank account set up in her name until he could get a business going, because court found he was likely to succeed on the merits, would suffer irreparable harm and girlfriend willfully failed to appear for the hearing. Preliminary injunction granted.

  • Patel v. Barr

    Publication Date: 2020-12-07
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1329

    Defendants moved for reconsideration of court's order denying defendants' motion to dismiss plaintiff's mandamus action requesting court to compel Board of Immigration Appeals to rule on two motions he filed and court found an outcome that foreclosed any access to judicial review could not have been intended by congress or Tazu v. Attorney General of the U.S., 975 F.3d 292. Motion denied.

  • Hirtle Callaghan Holdings v. Thompson

    Publication Date: 2020-10-12
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1110

    Plaintiff moved to dismiss defendant's counterclaims in a breach of contract action and court found defendant's breach of contract claim failed because he did not allege any specific contract obligation that was breached, his breach of implied covenant of good faith claim failed because he did not make specific allegations but his promissory estoppel claim was adequately pled as was his declaratory relief claim. Granted in part and denied in part.

  • Cagnetti v. Juniper Vill. at Bensalem Operations

    Publication Date: 2020-08-10
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0847

    Where plaintiff asserted sex-based hostile work environment and wage disparity claims against her former employer and bolstered those claims with evidence of alleged race or national origin discrimination, the court refused to bar evidence of her alleged use of a racial slur in the workplace. The court denied plaintiff's motion in limine.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Knight v. Pub. P'ships, LLC

    Publication Date: 2020-07-20
    Practice Area: Class Actions
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0777

    Defendant moved to dismiss plaintiff's Fair Labor Standards Act action on res judicata and collateral estoppel grounds and court found those doctrines did not apply to a class member who, like plaintiff, withdrew from the class before judgment entered and pursued her claims individually in a separate action. Motion denied

  • United States v. Clayton

    Publication Date: 2020-06-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0650

    Defendant moved to suppress evidence obtained in searches of his motel room and car after officers found a runaway minor at motel who alleged defendant was prostituting her and another girl and court found exigent circumstances justified entry into the motel room and defendant's detention but the warrantless searches of the motel room and defendant's car violated the fourth amendment and defendant's detention did not mean his post-Miranda statements had to be suppressed. Motion granted in part and denied in part.

  • Petroski v. John J.W. Lee

    Publication Date: 2020-06-22
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0646

    Defendant moved to dismiss plaintiff's sex discrimination and retaliation action and court found office manager's comments showed she was obsessed with her female employees' appearances and it was plausible she bore an animus against plaintiff because of plaintiff's physical appearance, plaintiff engaged in protected conduct by complaining about manager's derogatory comments and plaintiff's demotion after returning from sick leave and her firing a month later could establish temporal proximity. Motion denied.

  • McIntyre v. Trans Union LLC

    Publication Date: 2020-03-23
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0320

    Defendants moved to dismiss plaintiff's Fair Credit Reporting Act claims and to strike her class allegations in her complaint over eviction information sent to landlords by defendant credit reporting agency's subsidiary and not reported to consumers by agency and court found plaintiff sufficiently pled credit agency used corporate structuring to evade its obligation of full and accurate disclosure of plaintiff's consumer file and it appeared plaintiff was not a member of the class articulated in the Clark v. Trans Union, LLC, NO.15-39

  • Silverberg v. City of Philadelphia

    Publication Date: 2020-01-27
    Practice Area: Tax
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0081

    Defendants moved to dismiss plaintiff's complaint challenging city's enforcement of a tax judgment and asserting state, federal law and constitutional violations and court found it lacked jurisdiction to hear plaintiff's claims under Rooker-Feldman, Younger and principles of comity. Motion granted.