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Publication Date: 2023-08-21
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2142
District court properly granted summary judgment and equitable distribution to Independent 537 in dispute between local and Utility Workers' Union of America regarding disaffiliation and did not abuse its discretion in calculating the equitable award or denying attorney fees. Affirmed.
Publication Date: 2023-08-21
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: Caitlin D. Kekacs, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC; Michael J. Healey, Healey & Hornack, Pittsburgh, PA for appellant.
for defendant: Samuel J. Pasquarelli, Sherrard German & Kelly, Pittsburgh, PA for appellee.
Case Number: 22-2142
Union local members who disaffiliated from parent union had standing as third-party beneficiaries of parent union's constitution/contract with the local to seek equitable distribution of the local's assets to a new independent local.
Publication Date: 2023-08-21
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Alejandro
Attorneys: For plaintiff:
for defendant:
Case Number: 23-0633
Age and disability discrimination and hostile work environment claims survived dismissal where plaintiff sufficiently alleged that he was subjected to derisive comments and conduct beginning with his return from medical leave, which culminated in his removal from work on doctor's orders due to hypertension. Defendant's motion to dismiss denied.
Publication Date: 2023-08-14
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00634-JMG
Court denied transgender woman's motion to proceed pseudonymously in employment discrimination claim where factors did not overcome presumption in favor of open judicial proceedings and public access to the judicial process, particularly where plaintiff had previously pursued a separate discrimination complaint without proceeding pseudonymously. Plaintiff's motion to proceed pseudonymously denied.
Publication Date: 2023-08-14
Practice Area: Labor Law
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2873
Employee was not entitled to compensation for travel time to and from work where state and federal law imposed no such requirement and where employee failed to present documentary evidence or interrogatory responses permitting calculation of wages for such travel time. Defendant's motion for summary judgment granted.
Law Journal Press | Digital Book
Authors: Ron M. Campbell
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Publication Date: 2023-08-07
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1783
District court's factual findings and credibility determinations in employees' ERISA retaliation claim were not clearly erroneous, its judgment was supported by sufficient evidence, was not inconsistent with jury's verdict on employee's Americans with Disabilities Act, Age Discrimination in Employment Act and Pennsylvania Human Relations Act claims and district court did not abuse its discretion in calculating reasonable attorney fees. Affirmed.
Publication Date: 2023-08-07
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1577
Petitioner, a borough's part-time police officer, was entitled to removal protections afforded under the Borough Code, including a hearing prior to suspension or termination, even where the officer lacked an employment contract and was not hired under the civil service provisions of the Code. The court thus scheduled a de novo hearing to determine the merits of the petitioner's suspension.
Publication Date: 2023-08-07
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge McMaster
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-00573
A labor arbitrator lawfully ordered a township to reinstate a police officer that the township had terminated for alleged dishonesty in a discrimination grievance and pending lawsuit. The court thus concluded that it did not err in denying the township's petition to vacate the arbitration award.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 1367 C.D. 2019
Employees appealed the trial court's order sustaining labor union's and county's preliminary objections that alleged the trial court lacked subject matter jurisdiction over employees' complaint. The court reversed and remanded for further proceedings.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3828
Defendant moved to dismiss plaintiff's Americans with Disabilities Act discrimination and retaliation action after she was fired two weeks after returning to work from a COVID-19 hospitalization with documentation requesting light duty and time off for surgery and court found plaintiff's allegations were more than sufficient at this stage of the proceedings and supported a reasonable inference of a causal connection between her termination and her disability and request for leave for surgery. Motion denied.
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