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  • Berkelhammer v. ADP TotalSource Group, Inc.

    Publication Date: 2023-07-18
    Practice Area: Dispute Resolution | Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1618

    Plaintiffs appealed the district court's grant of defendants' motion to compel arbitration.

  • L.H. v. Rice Enter., LLC

    Publication Date: 2023-07-10
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:23-CV-00613-MJH

    Plaintiffs moved for abstention and remand of state law claims for sexual harassment, sexual assault and/or battery and a sexually hostile work environment after defendant removed plaintiffs' action to federal court asserting court had jurisdiction because it was "related" to defendant's bankruptcy petition and court found all six mandatory abstention factors were sufficiently met. Motion granted.

  • Barnes v. Festival Fun Parks, LLC

    Publication Date: 2023-07-10
    Practice Area: Employment Litigation
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:22-cv-165

    Defendant moved to compel arbitration in plaintiff's title VII and Pennsylvania Human Rights Act action for sex based discrimination, harassment and retaliation and court found the arbitration agreement was valid, was not procedurally and substantively unconscionable and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act did not apply because the dispute giving rise to plaintiff's claim occurred prior to the act's effective date. Motion granted in part.

  • Baker v. Nesbit Family Chiropractic, LLC

    Publication Date: 2023-07-03
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10602 OF 2022, C.A.

    Plaintiff asserted claims of successor liability in her action alleging pregnancy discrimination in her employment. Defendant filed preliminary objections to plaintiff's complaint, arguing that her claims were legally insufficient. Court sustained defendant's preliminary objections in part and overruled in part.

  • Carpenter v. William Penn Sch. Dist.

    Publication Date: 2023-07-03
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1123 C.D. 2021

    Appellant appealed the trial court's order granting appellee's motion for summary judgment and dismissing his complaint with prejudice. The court reversed.

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Camphor v. Contractor Transport, LLC

    Publication Date: 2023-06-12
    Practice Area: Employment Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-2126

    Age and race discrimination claims not dismissed where parties disputed the reason for plaintiff's termination, which could indicate that a similarly-situated, younger employee not in a protected class was treated more favorably, and where employer's proffered reason for the termination lacked evidentiary support and could indicate discriminatory motive. Defendant's motion for summary judgment denied.

  • Thompson v. Command Alkon Inc.

    Publication Date: 2023-06-12
    Practice Area: Employment Litigation
    Industry: Software
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-344

    Defendant moved for summary judgment based on ERISA preemption of plaintiff's state law claims for severance under an employment agreement and court found the agreement fit in the broad definition of an ERISA plan, was a top hat plan and there was an administrative scheme. Motion granted.

  • Swierbinski v. Scranton Rest. Supply & Uninsured Employers Guar. Fund

    Publication Date: 2023-06-12
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 971 C.D. 2021

    Board erred in finding claimant's petition against fund was barred by retroactive application of amended §1603(b) because claimant's receipt of payments in lieu of compensation constituted compensation "paid or awarded" under §4(2) of the Workers' Compensation Act and fund was secondarily liable for claimant's claim. Reversed in part and affirmed in part.

  • Harris v. Krasner

    Publication Date: 2023-06-05
    Practice Area: Employment Litigation
    Industry: Legal Services | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-839

    Defendants moved to dismiss plaintiff police officer's §1983 action alleging her free speech rights and procedural due process rights had been violated by DA's failure to remove an Internal Affairs Division complaint from her personnel file and by placing her on a do not call list of officers that were not to be used as witnesses in trials and court found DAs had absolute and high public official immunity and plaintiff failed to show a constitutional violations as to city. Motions granted.

  • Nitkin v. Main Line Health

    Publication Date: 2023-06-05
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3107

    Court could disregard generalized allegations of inappropriate conduct by supervisor, and the limited specific incidents alleged by employee that occurred over the course of more than three years were not severe or pervasive enough to create a hostile work environment. Order of the district court affirmed.

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