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  • Sullivan-Blake v. FedEx Ground Package Sys., Inc.

    Publication Date: 2020-06-08
    Practice Area: Employment Litigation
    Industry: Cargo and Shipping
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Colville
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0589

    Defendant moved to disqualify plaintiffs' counsel for conflict of interest in plaintiffs'Fair Labor Standards Act action for unpaid overtime and court found no conflict in counsel's representation of service providers, who were intermediaries between plaintiff drivers and defendant, in providers' own class action. Motion denied.

  • Szewcyzyk v. United Parcel Serv., Inc.

    Publication Date: 2019-11-04
    Practice Area: Employment Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1304

    Defendant sought dismissal of plaintiffs' putative class action, Fair Labor Standards Act, Pennsylvania Wage Payment and Collection Act and Pennsylvania Minimum Wage Act claims and court dismissed one FLSA claim for lack of personal jurisdiction, the WPCL claim as preempted by the Labor Management Relations Act and the FLSA retaliation claim for lack of protected activity but refused to dismiss the claims predicated on the failure to pay overtime under the FLSA and PMWA. Motion granted in part and denied in part.

  • Best Courier v. Dep't of Labor & Industry

    Publication Date: 2019-11-04
    Practice Area: Administrative Law
    Industry: Cargo and Shipping | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1291

    Respondent was not entitled to nunc pro tunc relief on its untimely petition for reassessment of unemployment compensation taxes where the company received timely notice of the assessment at one of its offices and offered no evidence that it made arrangements to monitor mail received there, despite knowing the office was not staffed daily. The appellate court affirmed.

  • White v. FedEx Corp.

    Publication Date: 2019-10-28
    Practice Area: Employment Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1264

    Defendant moved to dismiss plaintiff's action for age discrimination in violation of the Age Discrimination in Employment Act and the Pennsylvania Human Relations Act and asserting wrongful discharge in violation of public policy and court found plaintiff failed to allege sufficient facts to support his age discrimination claim and failed to identify any law he believed himself to be upholding at the time he conducted background checks on other employees. Motion granted.

  • Bergamatto v. Bd. of Tr. of the NYSA-ILA Pension Fund

    Publication Date: 2019-08-19
    Practice Area: Employment Compliance
    Industry: Cargo and Shipping | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Jordan
    Attorneys: For plaintiff: Samuel J. Halpern
    for defendant: Donato Caruso and Ian A. Weinberger (The Lambos Firm); Kevin J. Marrinan and John P. Sheridan (Marrinan & Mazzola Mardon); Kyle D. Winnick (Chamberlain Hrdlicka White Williams & Aughtry)

    Case Number: 18-2811

    Pension Plan Participant Not Entitled to Additional Benefits Under Amended Terms When Terms Not in Effect During Participant's Last Year of Service

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Shanghai Chestnut Oak Import & Export Co., Ltd. v. Catskill Timber Indus., Inc.

    Publication Date: 2019-08-12
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0862

    The court dismissed this contract action, because it did not have either general or specific personal jurisdiction over the parties.

  • S & H Transp. Inc., v. City of York

    Publication Date: 2019-08-05
    Practice Area: Tax
    Industry: Cargo and Shipping | Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0912

    Commonwealth court erred in finding that money appellant collected and passed on to freight carriers for their fees was not excluded from taxation under the city's business privilege and mercantile tax because the BPT regulation's "freight delivery exclusion" applied. Reversed.

  • Kauffman v. U-Haul Int'l, Inc.

    Publication Date: 2019-05-13
    Practice Area: Labor Law
    Industry: Cargo and Shipping
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0560

    Court approved the proposed settlement of plaintiff's action asserting violations of the FLSA, PMWA and PWPCL alleging he should have been paid overtime instead of as an independent contractor and the court found the settlement resolved a bona fide dispute, paid plaintiff's attorney fees and gave plaintiff 28 percent of the alleged unpaid overtime wages and did not frustrate public policy. Case dismissed.

  • Yourway Transp., Inc. v. Sunovian Pharm., Inc.

    Publication Date: 2019-04-29
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0491

    Defendant moved to dismiss plaintiff's unjust enrichment claim in plaintiff's action over defendant's alleged changes to the parties' contract and the court found that plaintiff's allegations plausibly gave rise to a claim for unjust enrichment. Motion denied.

  • Pets Global, Inc. v. M2 Logistics, Inc.

    Publication Date: 2019-04-22
    Practice Area: Transportation
    Industry: Cargo and Shipping
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0460

    Subcontractor moved to set aside the default entered against it in plaintiff's Carmack amendment action over cargo that was never delivered and court found that subcontractor had a potentially meritorious defense, plaintiff showed no material prejudice and subcontractor's argument that it was not served showed the absence of culpable conduct and court set aside the default, but awarded monetary sanctions. Motion granted.

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