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Publication Date: 2018-05-15
Practice Area: Class Actions | Labor Law
Industry: Health Care
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0572
Partial decertification of wage law class erroneous where employers failure to make partial payment to former employees within original class did not constitute later evidentiary development. Order of the trial court reversed.
Publication Date: 2018-05-01
Practice Area: Class Actions | Constitutional Law | Transportation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0509
Trial court erred by creating and imposing its own remedy without notice to or input from the parties in licensees putative class action seeking refunds from the PPA for fees and assessments it imposed under a law later found to be unconstitutional and the trial court abdicated its duty by denying the requested refunds and directing an administrative review. Reversed.
Publication Date: 2018-04-24
Practice Area: Class Actions | Employment Litigation | Wage and Hour Litigation
Industry: Technology Media and Telecom | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0485
Transportation network company was entitled to summary judgment in drivers putative class action under the FLSA and the PWMA because the court considered the Donovan factors and determined that drivers did not meet their burden of proof to show that they were employees rather than independent contractors. Motion granted.
Publication Date: 2018-04-24
Practice Area: Class Actions | Labor Law | Wage and Hour Litigation
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0488
Conditional class certification granted in part where plaintiff able to demonstrate factual nexus between himself and certain members of the proposed class, and where defendants challenge to plaintiffs legal theory was one more properly brought at the summary judgment stage. Motion for conditional class certification granted in part and denied in part; motion to authorize class notice denied.
Publication Date: 2018-04-10
Practice Area: Class Actions | Consumer Protection
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0423
Court granted defendants motion to dismiss plaintiffs action alleging breach of warranties, negligent misrepresentation and unjust en-richment over the safety equipment in her used car purchase because plaintiff did not allege a single actual misrepresentation made by car manufacturer that she justifiably relied on or any allegation as to any express warranty she saw, heard and relied on and her implied warranty claims failed on statute of limitations grounds. Motion granted.
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Publication Date: 2018-03-13
Practice Area: Class Actions | Mass Torts
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Robreno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0264
The court granted the motion for preliminary approval of the settlement agreement in plaintiffs putative class action against energy pro-vider because settlement, negotiated before a neutral mediator, offered compensation to all class members with no appearance of prefer-ential treatment, the class met the requirements of rule 23(a) and (b) and the proposed class counsel had extensive experience with class actions and the applicable law.
Publication Date: 2018-03-06
Practice Area: Class Actions | Consumer Protection
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0215
A non-resident could bring a UTPCPL action against a Pennsylvania-based business for alleged conduct occurring outside the commonwealth, consistent with the UTPCPLs broad goal of fraud prevention and the concern that misconduct by Pennsylvania companies could negatively impact the commonwealth.
Publication Date: 2018-02-20
Practice Area: Class Actions | Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0178
Plaintiffs met the requirements for certification of a rule 23 class action in their case asserting that home health care agencies failed to properly pay their workers overtime under the FLSA and the PMWA. Motion granted.
Publication Date: 2018-02-13
Practice Area: Antitrust | Class Actions
Industry: Biotechnology | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Joyner
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0143
Court appointed single-firm structure for interim class counsel where risks of increased costs and difficulty in managing multi-firm structure outweighed any benefits multi-firm structure had in effectively serving prospective class. Plaintiffs application to appoint interim class counsel granted.
Publication Date: 2018-01-30
Practice Area: Class Actions | Labor Law
Industry: Retail
Court: Superior Court
Judge: Judge Moulton
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0057
The defendant employer did not violate the Pennsylvania Minimum Wage Act by calculating the plaintiffs overtime compensation using a fluctuating workweek method, but did violate the law by paying plaintiffs and other managers an overtime premium of only one-half of their the regular rate. The appellate court affirmed the trial courts judgment in part and reversed in part.
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