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Publication Date: 2021-09-06
Practice Area: Personal Injury
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1024
Plaintiff moved to remand and defendants moved to dismiss his negligence and vicarious liability claims from a motor vehicle accident and court found remand was not appropriate because Pennsylvania corporation was fraudulently joined, Canadian corporation was properly served and plaintiff's state tort law claims were not preempted by the Federal Aviation Administration Authorization Act. Motions denied, one defendant dismissed.
Publication Date: 2021-08-30
Practice Area: Employment Litigation
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0999
Parties filed motions relating to discovery in plaintiffs Fair Labor Standards Act class action over unpaid overtime and court granted some motions and dismissed others in preparation for deciding final class certification, including dismissing with prejudice one named plaintiff who failed to respond to discovery requests or contact counsel, and setting the appropriate scope of representative discovery. Motions granted in part and denied in part.
Publication Date: 2021-08-23
Practice Area: Military Law
Industry: Cargo and Shipping
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Matey
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0968
District court erred in dismissing appellant's action challenging employer's refusal to pay appellant when he was on leave to fulfill his military reserve duties because appellant stated a claim under Uniformed Services Employment and Reemployment Rights Act and act did not allow employers to treat servicemembers differently by paying for some kinds of leave while exempting military service. Vacated and remanded.
Publication Date: 2021-08-02
Practice Area: Motor Vehicle Torts
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Wilson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0877
Court declined to dismiss punitive damages claim in truck accident case where plaintiff alleged that truck driver drove at an excessive speed for the road conditions in disregard of the risk to the safety of others. Defendants' motion to dismiss and to strike or for a more definite statement denied.
Publication Date: 2021-06-28
Practice Area: Insurance Law
Industry: Cargo and Shipping | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Eddy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0737
Insureds' declaratory judgment action against insurer seeking coverage for underlying Jones Act claim failed where policy expressly excluded coverage for claims filed by insured's employee. Defendant's motion for summary judgment granted.
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Publication Date: 2021-06-21
Practice Area: Motor Vehicle Torts
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0699
Plaintiff was permitted leave to amend his complaint to add new defendants based on alter-ego theory and allegations that existing and new corporate defendants were interconnected with one another, allowing plaintiff to relate back to his original complaint. Plaintiff's motion for leave to amend granted.
Publication Date: 2021-06-14
Practice Area: Motor Vehicle Torts
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0667
Motion for leave to amend granted where facts supporting claims of recklessness by defendants were not obtained until discovery, and allegations of recklessness could support a demand for punitive damages. Plaintiff's motion for leave to amend the complaint granted.
Publication Date: 2021-05-17
Practice Area: Contracts
Industry: Cargo and Shipping | Transportation
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0551
Superior court properly held that a no-hire or "no poach" agreement ancillary to a services contract between business entities was not enforceable because balancing the overbreadth of the provision and the likelihood of harm to the public showed that provision unreasonably restrained trade. Affirmed.
Publication Date: 2021-05-03
Practice Area: Employment Litigation
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0490
While the factual record in this employment dispute was scarce, plaintiff's claims were sufficient to survive a motion to dismiss given that discovery is often necessary before a plaintiff can reliably define the contours of the employment relationship. The court denied defendant's motion to dismiss.
Publication Date: 2021-04-26
Practice Area: Insurance Law
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0447
The Carmack Amendment, which limits interstate carrier liability for damage to or loss of goods, preempted plaintiffs' negligence claims against the defendant acting as a carrier in transporting plaintiffs' household goods where that defendant's actions and the circumstances surrounding an accident fell squarely within the definition of "transportation" under Carmack. The court granted defendants' motion to dismiss in part.
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