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  • Morgan v. Allison Crane & Rigging LLC

    Publication Date: 2023-05-08
    Practice Area: Labor Law
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:21-CV-00533

    Disability discrimination claim failed where employer did not consider worker's injury severe enough to qualify for short-term disability and the worker was released back to full duty several weeks after the work accident, eliminating any discriminatory inference from the worker's termination for failure to report for duty. Defendant's motion for summary judgment granted.

  • Darien Rowayton Bank v. McGregor

    Publication Date: 2023-05-01
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:22-CV-01394

    Court could exercise specific personal jurisdiction over out-of-state defendant based on their alleged participation in fraudulent transfer scheme by accepting payments that originated in Pennsylvania when defendant knew or should have known that creditor would be harmed by the transfer. Defendant's motion to dismiss denied.

  • Colbert v. Allstate Prop. & Cas. Ins. Co.

    Publication Date: 2023-04-24
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Arbuckle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:20-CV-1066

    Plaintiff moved to compel discovery from defendant insurer in an insurance coverage dispute. The court denied the motion to compel.

  • Wolff v. Aetna Life Ins. Co.

    Publication Date: 2023-04-03
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:19-CV-01596

    Defendant moved to stay the order granting class certification in plaintiff's class action pending the third circuit's ruling on its rule 23(f) appeal petition and court found defendant had not made a strong showing of a likelihood of success on the merits of its appeal, court had twice considered defendant's arguments and rejected them and defendant failed to show irreparable harm or that any public interest would be served by a stay. Motion denied.

  • Brennan v. Century Sec. Serv.

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:21-CV-01678

    Discrimination and harassment claims failed where plaintiff did not plead facts showing that male employees were treated more favorably than female employees or that her termination was motivated in any part by her gender, and where a single incident of physical contact did not rise to the level of severe or pervasive harassment or hostile work environment. Defendant's partial motion to dismiss granted.

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  • Wright v. Commonwealth

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:21-cv-00183

    Defendant moved for summary judgment in employee's action asserting hostile work environment, sexual harassment, sexual discrimination and retaliation under title VII and the Pennsylvania Human Relations Act and court found sovereign immunity barred plaintiff's PHRA claims, her title VII hostile environment sexual harassment and discrimination claims were untimely and plaintiff failed to establish a prima facie case of title VII retaliation. Motion granted.

  • James v. Templeton

    Publication Date: 2023-03-27
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:19-CV-00270

    Procedural due process claim arising from downgrading of commercial driver's license denied where state had compelling interest in ensuring safety of commercial drivers and driver was afforded a meaningful post-deprivation hearing by being able to appeal the downgrading to the courts, where he could present evidence and witnesses and cross-examine the state's evidence. Defendant's motion for summary judgment granted.

  • W. Shore Home LLC v. Graeser

    Publication Date: 2023-03-27
    Practice Area: Trade Secrets
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-499

    Defendants, plaintiff's former employees and plaintiff's competitor, moved to dismiss plaintiff's misappropriation of trade secrets claims and court found the action was exempt from compulsory arbitration by the terms of the arbitration provision in one former employee's employment agreement, plaintiff sufficiently pled misappropriation of trade secrets and tortious interference against competitor but that court lacked jurisdiction over plaintiff's breach-of-contract claims against other former employee. Motions denied in part and gra

  • Feno v. Oliver

    Publication Date: 2023-03-27
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:20-CV-02242

    Court declined to dismiss disability discrimination claims arising from police's alleged use of excessive force where plaintiff plausibly alleged that officers used excessive force despite knowing that plaintiff suffered from a severe mental health disability and that the officers were there to escort plaintiff to the hospital for mental health treatment. Defendants' motion for partial summary judgment granted in part and denied in part.

  • Martin v. White

    Publication Date: 2023-03-20
    Practice Area: Contractual Disputes
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-cv-01482

    Defendant moved to dismiss plaintiff's breach of oral contract, fraudulent misrepresentation, breach of implied warranty, negligent misrepresentation and violation of the Pennsylvania Fair Trade Practices and Consumer Protection Law action over the sale of collectible firearms to her late husband and herself and court found plaintiff failed to show court had personal jurisdiction over defendant where all of the activities underlying her claims arose in Georgia and defendant had no contacts with Pennsylvania. Motion granted.