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Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 542 C.D. 2022
Retroactively awarding correctional officers sick leave that was deducted after the county exempted them from Families First Coronavirus Relief Act leave benefits merely constituted an award of paid leave and did not interfere with the county's ability to exercise its managerial prerogative or statutory rights. Order of the trial court affirmed.
Publication Date: 2023-12-11
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-755
Employer was granted summary judgment where employee failed to produce evidence supporting her claims of disability discrimination and retaliation for accommodation and leave requests. Defendant's motion for summary judgment granted.
Publication Date: 2023-12-08
Practice Area: Dispute Resolution | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3390
Defendants appealed the district court's denial of the motion to compel arbitration.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 373 C.D. 2022
Trial court properly denied defendant's motion to dismiss for lack of subject matter jurisdiction because, where a former employee's occupational disease was not compensable since it did not result in total disability and trigger the occupational disease savings clause and former employee was not subject to the exclusive remedies defined in the Pennsylvania Occupational Disease Act. Affirmed.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2784
Defendants moved for summary judgment in plaintiff's action asserting Americans with Disabilities Act and Pennsylvania Human Relations Act age and disability discrimination, failure to accommodate and violation of his Family and Medical Leave Act rights after defendant refused to reinstate him as a truck driver after FMLA leave and court found plaintiff failed to meet his burden to show pretext on the age discrimination and failure to accommodate claims but a reasonable jury could find plaintiff was medically fit to return to work and
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Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1300 WDA 2022
Evidence that picketers briefly blocked employer's delivery vans from leaving contractor's facility and damaged them as they left was sufficient to find that they "seized" employer's property, creating an exception to the prohibition on injunctive relief in labor actions. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fuentes
Attorneys: For plaintiff: Mark A. Grace, Cohen & Grace, Pittsburgh, PA; Sammy Y. Sugiura, Mooney Green Saindon Murphy & Welch, Washington, DC for appellant.
for defendant: Courtney C. Brennan, Thomas M. Pohl, Mary-Jo Rebelo, Burns White, Pittsburgh, PA for appellees.
Case Number: 22-1680
District court correctly dismissed disparate impact age discrimination claim where complaint contained no specific factual allegations to demonstrate that company policies had a statistically significant impact on older workers.
Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1680
District court properly dismissed appellant's Age Discrimination in Employment Act action asserting age discrimination because appellant's complaint lacked the necessary factual allegations but it was not precluded by the Railway Labor Act. Affirmed.
Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 974 WDA 2023
Plaintiff appealed the court's decision denying his statutory appeal from an administrative hearing officer's decision affirming a plan administrator's denial of a disability pension. In addition to challenging the merits of the pension denial, plaintiff additionally asserted that the administrative hearing officer had a conflict of interest. The court concluded that the hearing officer did not suffer from a conflict of interest simply because he was the solicitor for a neighboring borough. The court concluded further that it did not
Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 728 C.D. 2021
Petitioner city sought review of respondent's adjudication that claimant was eligible for unemployment compensation benefits under Unemployment Compensation Law Section 402.1. The court reversed where respondent erred in holding that claimant's employer had not established an "educational service agency" to employ school crossing guards within the meaning of Section 402.1(4).
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