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Publication Date: 2020-06-22
Practice Area: Antitrust
Industry: Federal Government | Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0637
Defendant in antitrust litigation could seek discovery from non-party to obtain evidence for its defense that the proposed merger between defendants would not unduly limit competition by showing non-party was a competitor to defendants. Motion to quash and/or modify non-party subpoena granted in part and denied in part.
Publication Date: 2020-06-15
Practice Area: Employment Litigation
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0614
Defendant employer moved to dismiss plaintiff's Fair Labor Standards Act collective action overtime pay claim based on the retail commission overtime exemption defense and court found that even if plaintiff's paystubs were integral to her complaint, court was not convinced they made it "apparent" that plaintiff's claims had to be dismissed. Motion denied.
Publication Date: 2020-06-01
Practice Area: Consumer Protection
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0551
Unclaimed property service owed no duty in a confidential or fiduciary relationship to inform consumer that he could recover his unclaimed property on his own from the state for free. Defendants' motion to dismiss granted.
Publication Date: 2020-03-30
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0342
Transfer of defective pelvic mesh case transferred to Rhode Island as plaintiff underwent implantation in Rhode Island and trial would be more convenient for plaintiff in Rhode Island as she resided in Massachusetts. Defendant's motion to transfer venue granted.
Publication Date: 2020-03-23
Practice Area: Insurance Law
Industry: Consulting | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0312
Objection to production of documents claimed under the attorney-client privilege overruled where documents did not indicate they were generated to obtain legal advice or services from in-house counsel. Objection to special master's opinion overruled.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2020-03-23
Practice Area: Consumer Protection
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0314
Unfair Trade Practices and Consumer Protection Law claim alleging the omission of material facts dismissed where plaintiff failed to allege the existence of a fiduciary or confidential relationship. Defendants' motion to dismiss granted.
Publication Date: 2020-03-23
Practice Area: Civil Rights
Industry: Food and Beverage | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0321
Defendant moved to dismiss plaintiff's action alleging discrimination under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Pennsylvania Human Relations Act and court found plaintiff's equal pay act claims were time barred and his Title VII, ADA and ADEA claims failed for failure to plead enough facts to support the elements of a claim for race, age or disability discrimination. Motion granted.
Publication Date: 2020-03-02
Practice Area: Expert Witnesses
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0241
Court denied defendants' motion in limine to preclude and/or limit the testimony of an agent the government wanted to use as an expert in narcotics trafficking and coded language and court found rule 16 and rule 702 were satisfied, testimony would not be cumulative and would provide information not within the common knowledge of the average juror. Motion denied.
Publication Date: 2020-02-17
Practice Area: Employment Litigation
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0153
Plaintiff's disparate impact claim could not survive employer's motion to dismiss where he offered only a conclusory allegation that a certain policy adversely impacted protected class members and no facts to support his allegation that the policy had a disparate impact on African American, black or brown employees. The court granted employer's motion to dismiss.
Publication Date: 2020-02-17
Practice Area: Labor Law
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0163
Disparate impact claims failed where plaintiff failed to identify a facially neutral policy or practice and where facts indicated intentional discrimination by supervisor. Defendant's motion to dismiss granted.
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