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  • Moore v. Rite Aid HDQTRS Corp.

    Publication Date: 2018-01-23
    Practice Area: Class Actions | Labor Law
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0060

    Employers decision to revoke offer of employment made before time period in notice of background check to employee insufficient to confer standing under Fair Credit Reporting Act. Defendants motion to dismiss granted.

  • Doe v. Franklin County et al

    Publication Date: 2017-12-19
    Practice Area: Class Actions | Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1824

    The intermediate court erred in finding that the legislature intended §6111(i) of the Uniform Firearms Act to override high public official immunity and permit targeted liability against a local government agency for breach of the confidentiality provision in that act. The court affirmed an intermediate court order affirming defendants judgment of sentence.

  • Underwood v. Kohls Dept Stores, Inc.

    Publication Date: 2017-12-12
    Practice Area: Class Actions
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1821

    The court granted certification of plaintiffs proposed class of members who were subject to Delaware law but not as to those subject to Virginia law in plaintiffs action alleging unjust enrichment in defendants solicitation of its customers to purchase an identity theft and credit-motoring product when activating their store credit cards because differences in state law under the voluntary payment rule meant that the Virginia class members did not satisfy the predominance requirement under rule 23(b)(3). Class partially certified.

  • Livi v. Hyatt Hotels Corp.

    Publication Date: 2017-11-21
    Practice Area: Class Actions | Wage and Hour Litigation
    Industry: Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1709

    Plaintiff banquet servers claims against hotel for violations of the Pennsylvania minimum wage act, wage payment and collection law, and unjust enrichment failed because hotel was exempt from overtime requirements under 34 Pa.Code §231.43(f) since the service charge charged in the banquet contracts and paid to banquet servers was a commission, hotel was not required to pay the entire service charge to the servers since the hotel did not take the tip credit in §333.103(d) and the servers were not third-party beneficiaries of the b

  • Anderson v. Stonemor Partners, L.P. et al

    Publication Date: 2017-11-21
    Practice Area: Class Actions | Securities Litigation
    Industry: Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1697

    While some of defendants statements to investors about potential distributions went beyond mere positive portrayals and were arguably misleading, they were not material given that the company accounted for allegedly concealed information on the source of distributions in other publicly available information. The court granted defendants motion to dismiss.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Calabrese v. TGI Fridays Inc. et al

    Publication Date: 2017-11-21
    Practice Area: Class Actions | Wage and Hour Litigation
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Joyner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1699

    The defendant employer satisfied its burden of showing that it informed all newly-hired tipped employees that they would be paid at an hourly rate which was less than minimum wage because they received tips, what the amount of their wages would be and the amount of employers tip credit. The court granted defendants motion for summary judgment.

  • Karlberg v. Santander Bank., N.A.

    Publication Date: 2017-11-14
    Practice Area: Civil Procedure | Class Actions
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1690

    Court granted plaintiffs motion to remand his putative class action asserting improper charges relating to private mortgage insurance because defendant bank had not established by a preponderance of the evidence that the amount in controversy was satisfied since the amount sought by each class member for each monthly overcharge was only tens of dollars at most. Remand granted.

  • Cook v. Gen. Nutrition Corp.

    Publication Date: 2017-10-17
    Practice Area: Class Actions | Consumer Protection | Contracts
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Western
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1560

    Breach of contract and unjust enrichment claims arising from retailers termination of rewards program during terms of customers memberships failed where program agreement permitted retailed to alter or terminate the program at any time and stated that membership fees were nonrefundable.

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