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Publication Date: 2021-02-15
Practice Area: Labor Law
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0162
Title VII and Pennsylvania Human Relations Act claims could not be brought as class or collective action where plaintiff failed to specify that the claims were being alleged as class claims or to plead allegations sufficient to justify a class action. Defendant's partial motion to dismiss granted in part and denied in part.
Publication Date: 2021-02-08
Practice Area: Personal Injury
Industry: E-Commerce | Travel and Tourism
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0129
Website operators denied dismissal based on immunity under §230 of the Communications Decency Act where plaintiffs alleged the operators' own misrepresentations and omissions induced plaintiffs to make a purchase that led to their injury, meaning that the operators might qualify as information content providers ineligible for §230 immunity. Defendants' motion to dismiss denied.
Publication Date: 2021-01-25
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0062
Where plaintiff alleged that she suffered from a herniated disk and related spinal injuries which caused her pain and limitations, not that her medical marijuana use qualified was a disability under the Pennsylvania Human Relations Act, the court refused to dismiss her failure to accommodate and retaliation claims under the Act. The court denied defendants' motion to dismiss.
Publication Date: 2021-01-18
Practice Area: Civil Rights
Industry: Financial Services and Banking | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0042
Defendant moved to dismiss plaintiff's complaint alleging violations of title VII, the Pennsylvania Human Relations Act, §1981 and the Americans with Disabilities Act and court found plaintiff satisfied his burden of establishing an employment relationship with defendant, his claims of racial discrimination were plausible, he met his burden of showing a claim for retaliation under title VII and his §1981 racial discrimination claim survived at this stage of the litigation but he had not exhausted his administrative remedies under the
Publication Date: 2021-01-11
Practice Area: Labor Law
Industry: Energy | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0011
Motion to disqualify judge denied where basis for motion was solely due to the judge's representation, in an unrelated matter several years prior, of a corporate entity related to an adverse party in the present case. Motion to disqualify denied.
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Authors: Janet K. Colaneri, Bret Weatherford
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Publication Date: 2020-10-19
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1131
Plaintiff could not recover damages under the Pennsylvania Motor Vehicle Responsibility Law or on her bad faith claim where the allegations in her complaint suggested nothing more than a normal dispute between her and her insurance carrier. The court granted defendant's motion to dismiss in part.
Publication Date: 2020-09-07
Practice Area: Contractual Disputes
Industry: Aerospace | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0971
Plaintiff moved for default judgment in its breach of contract, tortious interference with contractual relations, defamation and equitable relief action against defendant and its CEO and court found defendants were served, failed to answer, breached the agreement, tortiously interfered with plaintiff's contract with airline and demonstrated culpable conduct. Motion granted.
Publication Date: 2020-08-03
Practice Area: Employment Litigation
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0827
Parties moved for court to approve settlement of plaintiffs' collective Fair Labor Standards Act action asserting failure to pay overtime and court found the settlement reasonable and appropriate and approved it. Motion granted.
Publication Date: 2020-08-03
Practice Area: Class Actions
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0826
Court considered the settlement in plaintiffs' class action, concerning insurer's breach of contract and bad faith over rot damage for which plaintiffs had paid coverage premiums, and certified the class and found the settlement was fair, reasonable and adequate, treated class members equitably and approved the settlement. Motions granted.
Publication Date: 2020-07-20
Practice Area: Discovery
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0773
Plaintiff moved to compel compliance and for an order of contempt for defendants' failure to respond to subpoenas for documents and court found defendants were properly served, had refused to answer and ordered a daily civil fine with the future possibility of arrest for contempt. Motion granted.
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