• Blango v. City of Philadelphia

    Publication Date: 2022-12-19
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1487

    While plaintiff's supervisor may have mistreated her during the course of her employment, there was no evidence to indicate that such mistreatment was because of plaintiff's race; therefore, she failed to meet her burden of proof on her hostile work environment claim. The court granted defendants' motion for summary judgment.

  • Value Drug Co. v. Takeda Pharm., U.S.A., Inc.

    Publication Date: 2022-12-12
    Practice Area: Antitrust
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3500

    Plaintiff moved to represent all colchicine purchasers of brand name and generic colchicine through a class action asserting a conspiracy to restrain trade and to monopolize and court found plaintiff did not make a threshold showing of plausibility since plaintiff relied on an expert opinion from an economist who assumed facts based on plaintiff's counsel's proffered assumptions. Motion denied.

  • Nat'l Fire & Marine Ins. Co. v. Genesis Healthcare, Inc.

    Publication Date: 2022-12-12
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 221410

    Various lawsuits arising from COVID-19 infections in nursing homes constituted separate healthcare events under corporate liability insurance policy, where each suit concerned the actions or inaction of the operating subsidiary company and alleged different circumstances leading to the resident's infection. Plaintiff's motion for judgment as a matter of law granted, defendant's motion for judgment as a matter of law denied.

  • Patel v. CF Fresh LLC

    Publication Date: 2022-11-21
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1010

    Defendant moved for summary judgment on plaintiff's action alleging race and ancestry discrimination and retaliation under title VII and §1981 in his termination and court found plaintiff failed to produce evidence he was fired because of race or ancestry discrimination or retaliation and he produced no evidence of pretext for defendant's legitimate, nondiscriminatory reasons for terminating him. Motion granted.

  • Finizie v. McDonough

    Publication Date: 2022-10-17
    Practice Area: Labor Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5586

    Age/gender discrimination and retaliation claims failed where employer ultimately selected similarly situated candidates and declined to interview plaintiff for the positions due to her lack of recent experience necessary for the role. Defendants' motion for summary judgment granted.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

    View more book results for the query "*"

  • Richardson v. Peco Energy

    Publication Date: 2022-10-03
    Practice Area: Public Utilities
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3485

    Court dismissed pro se plaintiff's Fair Debt Collection Practices Act, False Claims Act, and Equal Credit Opportunity Act action over electricity company's efforts to collect its bill because electricity company and Public Utility Commission were not "debtors" under the FDCPA, PUC had sovereign immunity, a pro se plaintiff could not bring a claim on behalf of the government and plaintiff's Equal Opportunity Act claims failed since she identified no act of discrimination. Dismissed.

  • Cent. Bucks Sch. Dist. v. Q.M.

    Publication Date: 2022-10-03
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1128

    Hearing officer correctly found that school district failed to provide free appropriate public education for student suffering from genetic disorder causing insatiable need to eat where IEP failed to ensure constant food secure environment, whereas residential private school could offer such an environment and therefore parents were entitled to tuition reimbursement. Parties' cross-motions for summary judgment granted in part and denied in part.

  • Walsh v. TriMED Healthcare, LLC

    Publication Date: 2022-08-22
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0946

    Department of Labor moved for summary judgment in Fair Labor Standards Act action against defendant in-home healthcare services provider and defendant conceded the FLSA covered its employees, individual defendant was an employer, defendants violated the Act by failing to pay overtime and travel time and failed to maintain and preserve accurate employee records but court found genuine issues of material fact existed as to willfulness, entitlement to liquidated damages, calculation of back wages and the appropriateness of injunctive rel

  • Lehmann v. Louisville Ladder Inc.

    Publication Date: 2022-07-25
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0823

    Court admitted "competitor products survey" in products liability case as probative of the product's compliance with industry standards, as it could show under the applicable risk-utility test that the specific product was reasonably designed because it shared similar design features with competing products. Cross-motions in limine denied in part and granted in part.

  • Morales v. Bedi

    Publication Date: 2022-07-18
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0804

    Plaintiff moved to dismiss defendant's assault and battery and intentional infliction of emotional distress counterclaims and her affirmative defenses in her counterclaims to his defamation action and court found plaintiff pled the elements of assault and of battery, dismissed her statute of limitations defense but allowed her other defenses to go forward. Motion granted in part and denied in part.