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  • Knight v. Pub. P'ships, LLC

    Publication Date: 2020-07-20
    Practice Area: Class Actions
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0777

    Defendant moved to dismiss plaintiff's Fair Labor Standards Act action on res judicata and collateral estoppel grounds and court found those doctrines did not apply to a class member who, like plaintiff, withdrew from the class before judgment entered and pursued her claims individually in a separate action. Motion denied

  • In re Niaspan Antitrust Litig.

    Publication Date: 2020-06-15
    Practice Area: Class Actions
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0617

    Plaintiffs moved for class certification in their proposed antitrust class action alleging anticompetitive settlement agreements between pharmaceutical manufacturers and defendants moved to exclude plaintiffs' expert's testimony and court found plaintiffs failed to satisfy their burden of establishing ascertainability, predominance, or superiority by a preponderance of the evidence but their experts were qualified. Motions denied.

  • Winkworth v. Spectrum Brands, Inc.

    Publication Date: 2019-11-04
    Practice Area: Class Actions
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1303

    Plaintiff moved to remand their class action case and court found the jurisdictional requirements under the class action fairness act were met because if plaintiffs obtained a declaration that all Hot Rollers were covered under defendant's express and implied warranties, that declaration would entitle each individual in the nationwide class to a replacement or refund and it was reasonable for defendant to rely on national sales data to prove that jurisdiction existed. Motion denied.

  • Fulton-Green v. Accolade, Inc.

    Publication Date: 2019-10-07
    Practice Area: Class Actions
    Industry: Construction | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1185

    Court conditionally certified the class and approved the settlement and attorney fees in a class action arising from employers' disclosure of current and former employees' W-2 forms and personal information. Motion granted.

  • Koehler v. USAA Cas. Ins. Co.

    Publication Date: 2019-09-30
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1146

    Plaintiff moved for partial summary judgment on her individual claim for declaratory relief before class certification in her putative class action seeking a declaration of coverage under insurance policies and court denied her motion because it violated the rule against one-way intervention. Motion denied.

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  • In Re: Nat'l Football League Players' Concussion Injury Litig.

    Publication Date: 2019-05-13
    Practice Area: Class Actions | Personal Injury
    Industry: Financial Services and Banking
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0552

    District court erred in voiding cash advance agreements to settlement class members where those agreements only attached after settlement funds were disbursed to the class member or otherwise operated like a traditional loan agreement. Order of the district court affirmed in part and reversed in part.

  • Scanlan v. American Airlines Group, Inc.

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure | Class Actions
    Industry: Aerospace
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0458

    Defendants moved to transfer plaintiff's putative class action alleging violations of the uniform services employment and reemployment rights act to the northern district of Texas and the court found defendants failed to establish the need for transfer because most of the Jumara factors were neutral while others weighed slightly in favor of plaintiff. Motion denied.

  • Walney v. SWEPI LP

    Publication Date: 2019-04-22
    Practice Area: Class Actions | Energy and Natural Resources
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0464

    Defendants moved to decertify the class and plaintiffs moved to amend the class definition and for summary judgment in plaintiff's class action over failure to pay bonus monies allegedly due under oil and gas leases and the court found the predominance requirement was no longer satisfied since examination of individual lease transactions was now required, the "typicality" requirement was no longer met because the interests and incentives of the named representatives were no longer sufficiently aligned with those of other class members

  • Guiffrida v. City of Scranton

    Publication Date: 2019-03-25
    Practice Area: Civil Procedure | Class Actions | Tax
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0308

    The proposed settlement in this class action suit, filed by owners of multiple residential rental properties to challenge the City of Scranton's registration program for residential properties and corresponding registration and permit fees, was fair, reasonable and adequate. The court approved the proposed settlement pursuant to Pa.R.Civ.P. 1714(a).

  • Taha v. Bucks County

    Publication Date: 2019-03-04
    Practice Area: Class Actions | Criminal Law | Public Records
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0240

    Both parties moved for summary judgment on the issue of punitive damages after the court found defendants' liable for violating the criminal history record information act in publishing the "inmate lockup tool" database and the court found CHRIA authorized punitive damages for "willful" acts, defined willful as "reckless indifference" and found the question of willfulness was for the jury. Motions denied.

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