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Publication Date: 2022-11-14
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:21-CV-02041
Plaintiff's complaint against the defendant detective sufficiently alleged a claim under 42 U.S.C. §1983 where the allegations, even when viewed in a light most favorable to defendant, plausibly demonstrated that he did not have probable cause to orchestrate the stop and subsequent search of plaintiff's motor vehicle. The district court denied in part defendants' motion to dismiss.
Publication Date: 2022-10-31
Practice Area: Wrongful Death
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:19-CV-00180
Defendants sought an additional protective order in wrongful death action over death of a student at a fraternity party and court found concerns associated with the ongoing criminal cases against two defendants in this case outweighed the public interest supporting disclosure of deposition transcript, exhibits and recordings. Motion granted.
Publication Date: 2022-10-24
Practice Area: Labor Law
Industry: Consulting | E-Commerce
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:22-CV-00013
Where there was a lack of authenticated evidence proving receipt of an EEOC right-to-sue letter, the court applied the three-day mailing rule to find that plaintiff's Title VII claim was timely filed. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:22-CV-00366
Constructive discharge claims failed where state agency discrimination charge was filed prior to employee's termination, meaning that administrative remedies were not exhausted, and denial of work-from-home did not constitute sufficiently altered work conditions to warrant a constructive discharge. Defendant's motion to dismiss granted.
Publication Date: 2021-10-11
Practice Area: Real Estate
Industry: Energy | Real Estate
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1172
Plaintiff moved to unilaterally amend its complaint for condemnation by eminent domain to build a natural gas pipeline five years after the easement was granted and court found allowing the amendment would deny landowner the opportunity to seek full compensation for the taking and would amount to a partial dismissal of landowner's claim in a manner inconsistent with rule 71.1 (i)(1). Amended complaint dismissed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2021-09-27
Practice Area: Evidence
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1110
Government moved to exclude doctor's expert's testimony in case where doctor was indicted for unlawful distribution of controlled substances and deaths from those substances and court found expert's opinions were not reliable and had limited probative value, were likely to mislead the jury and would distract jury from the central questions of whether doctor issued prescriptions without a legitimate medical purpose and whether the prescribed drugs were the but-for cause of death of the decedents. Motion granted.
Publication Date: 2021-09-06
Practice Area: Civil Rights
Industry: Legal Services | State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1011
Malicious prosecution claim failed where charges were dropped as part of a plea agreement and where probable cause existed for a grand jury to recommend prosecution, but the claim could proceed for charges that were dropped for lack of evidence. Defendants' motion for summary judgment granted in part and denied in part.
Publication Date: 2021-08-02
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0872
Court denied insurer's motion for summary judgment in its declaratory judgment action concerning coverage under homeowners' insurance policies for actions of fraternity students in hazing death and court found action filed by parents' of fraternity pledge stated a claim for negligence and policy provisions excluding criminal and intentional acts did not insulate insurer from those claims. Motion denied.
Publication Date: 2021-02-22
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0185
The Department of Corrections' administrative grievance procedure does not require that an aggrieved prisoner name the individuals allegedly involved in an incident; therefore, plaintiff did not fail to exhaust his administrative remedies as to certain defendants not specifically named in his administrative grievance. The court denied defendants' motion to dismiss.
Publication Date: 2021-01-18
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0046
Defendant employer moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act action alleging she was subjected to a hostile work environment and retaliated against and court found plaintiff failed to establish a prima facie case under title VII because she did not show she was discriminated against because of her sex and produced no evidence that the conduct was severe or pervasive and her constructive discharge claim failed but she did produce enough evidence of retaliation to survive summary judgment.
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