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  • Morell v. Erie Reg'l Airport Auth.

    Publication Date: 2023-09-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-278 Erie

    Defendant moved to dismiss plaintiff police officer's Fair Labor Standards Act claim for unpaid overtime incurred while caring for his K-9 dog that lived with him and court found the claim was not barred by the "reasonable agreement" exception to the FLSA recognized in Krause v. Manalapan Twp., 486 Fed. Appx. 310, but plaintiff's unjust enrichment and overtime claims failed for lack of specificity. Motion granted in part and denied in part.

  • Maiella v. City of New Castle, PA

    Publication Date: 2023-09-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 70006 of 2023, M.D.

    Appellant, a former police officer, appealed the denial of his claim for disability pension benefits, which was deemed untimely by the City. The court found that appellant's statutory appeal could proceed because it was timely filed.

  • Med. Assocs. of Erie v. Zaycosky

    Publication Date: 2023-09-04
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1402

    Forum-selection clause requiring litigation of claims in state court was not a removal defect supporting award of fees and costs to non-removing party on motion for remand. Order of the district court vacated.

  • O'Leary v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-08-28
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 775 C.D. 2022

    Court reversed board's determination that claimant was ineligible for benefits based on a pattern of tardiness and absenteeism because claimant's only absence after he was issued a written warning of termination for further incidents was an absence justified by illness. Reversed.

  • The Hershey Co. v. Woodhouse (Workers' Comp. Appeal Bd.)

    Publication Date: 2023-08-21
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 904 C.D. 2022

    Workers' Compensation Appeal Board erred in granting specific loss benefits petition where petition was untimely for lack of constructive notice because employee, despite knowing that his diabetic foot ulcer had been aggravated by his working conditions, failed to inform employer that his subsequent amputations were work related. Order of the WCAB reversed.

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  • Hollis v. C&R Laundry Serv. LLC

    Publication Date: 2023-08-21
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1233 C.D. 2021

    Claimant appealed workers' compensation judge's findings in his workman's compensation claim and court found WCJ did not err in concluding that "left rotator cuff pathology" was not a well-pled allegation and that claimant had fully recovered from all work injuries. Affirmed.

  • Jefferies v. City of Philadelphia

    Publication Date: 2023-08-21
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3220

    Supervisor and city moved to dismiss plaintiff's §1983, title VII and Pennsylvania Human Relations Act claims alleging sexual harassment, due process violations and retaliation and court found plaintiff did not establish she was deprived of a protected liberty or property interest; she was not terminated, demoted, transferred or suspended; she did not suffer any adverse employment actions and pointed to no actions that qualified as retaliation and supervisor's alleged verbal sexual harassment was not egregious enough to shock the cons

  • City of Pittsburgh v. Fraternal Order of Police

    Publication Date: 2023-08-14
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-729

    The court upheld an arbitration award in favor of the defendant, a male officer who was terminated from his employment with the Pittsburgh Police Department.

  • Kozicki v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-08-07
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1490 C.D. 2021

    Claimant appealed the amount of her pandemic unemployment assistance benefit and court found Unemployment Compensation Board of Review erred in using claimant's prorated annual income to calculate her benefits rather than the actual net income in her highest quarter and violated her due process rights by failing to include all necessary documents submitted to the department in the record before the referee. Vacated and remanded.

  • WSFS Fin. Corp. v. Cobb

    Publication Date: 2023-07-31
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Perez
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:22-cv-815-MRP

    Defendants Cobb and Campbell sought summary judgment in plaintiff's breach of fiduciary duty, breach of contract, tortious interference with contracts, tortious interference with business relationships, unfair competition, civil conspiracy and unjust enrichment action and court found plaintiff's tortious interference, unfair competition, civil conspiracy and unjust enrichment claims failed as a matter of law, plaintiff's fiduciary duty claim was not barred by the gist of the action doctrine and other issues were for the jury to decide

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