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Publication Date: 2021-09-06
Practice Area: Landlord Tenant Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-1026
Defendant moved to dismiss plaintiff's action over a lease on forum non conveniens grounds and court agreed Liberia was the more appropriate forum since the property was in Liberia and the lease provided that Liberian law governed. Motion granted.
Publication Date: 2021-07-05
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0771
Defendants moved to dismiss serial litigant's action challenging a state mortgage foreclosure and court dismissed his frivolous claims and imposed sanctions on his attorney. Motion granted.
Publication Date: 2021-06-14
Practice Area: Wrongful Death
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Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0670
Wrongful death settlement approved where allocation benefitted decedent's heirs and aggregate settlement amount was reasonable given the contested liability. Plaintiff's petition to approve settlement granted.
Publication Date: 2021-05-31
Practice Area: Labor Law
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Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0597
Assuming many of the job duties of a departed male supervisor was sufficient to create a triable issue as to whether female employee suffered pay discrimination on account of sex. Defendant's motion for summary judgment granted in part and denied in part.
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
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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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Publication Date: 2021-04-26
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0459
Defendant moved to dismiss plaintiff's §1983 state created danger claim after he was electrocuted climbing onto a parked caboose and court found plaintiff failed to show a relationship with the Southeastern Pennsylvania Transportation Authority that made him a foreseeable victim, failed to sufficiently allege SEPTA undertook an affirmative act sufficient to support liability and failed to allege the harm he suffered was foreseeable and fairly direct. Motion granted.
Publication Date: 2021-03-08
Practice Area: Insurance Litigation
Industry: Insurance | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0257
Plaintiff moved to remand its action for insurance coverage of COVID-19 business losses and court found the Reifer factors weighed strongly against exercising jurisdiction over plaintiff's single declaratory judgment act claim. Motion granted.
Publication Date: 2021-03-08
Practice Area: Commercial Law
Industry: Financial Services and Banking | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0246
Court approved class settlement in litigation against credit card processor where amount of settlement was reasonable in light of costs and risks of pursuing the litigation, and where the settlement funds would be equitably distributed among various categories of class members. Plaintiffs' motion granted.
Publication Date: 2021-03-08
Practice Area: Contractual Disputes
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0249
Employee would not be subject to obligations under release agreement with employer if employee could establish employer had breached its duties under the agreement. Defendants' motion to dismiss granted in part without prejudice and denied in part; plaintiff's cross-motion for leave to amend denied.
Publication Date: 2021-03-01
Practice Area: Securities Litigation
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 21-0218
Stockholders sufficiently pled false or misleading statements regarding company's production of new vaccine where company's CEO had sufficient background to know of scientific distinction between design and construction of a vaccine, and the statements and subsequent clarification caused spike and plunge in stock price. Defendants' motion to dismiss granted in part and denied in part.
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