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Publication Date: 2022-12-05
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Ranjan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:19-CV-1495-NR
Plaintiff and defendants cross-filed for summary judgment in plaintiff's §1983 action asserting her termination as a 911 dispatcher violated her free speech rights and court found the speech at issue was not protected under the first amendment and she could not establish a prima facie case of first amendment retaliation. Defendants' motion granted.
Publication Date: 2022-12-05
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Wiegand
Attorneys: For plaintiff:
for defendant:
Case Number: 2:21-CV-00519-CCW
Parties cross-moved for summary judgment in plaintiff's Fair Labor Standards Act, retaliation under the Pennsylvania Whistleblower Law and unjust enrichment action and court found issues of material fact existed as to whether plaintiff was an employee and dismissed plaintiff's joint and several liability under the state law participation theory since it was not a cause of action. Motions granted in part and denied in part.
Publication Date: 2022-11-07
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 514 C.D. 2021
Board properly found truck driver was an employee despite his having signed an independent contractor agreement, he was not offered a sufficiently specific light duty job and he did not unreasonably refuse medical treatment. Affirmed.
Publication Date: 2022-10-31
Practice Area: Employment Litigation
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3096
Court declined to assume sexual orientation of comparators and questions about family status were insufficiently severe or pervasive to give rise to a hostile work environment, requiring dismissal of sexual orientation and gender discrimination claims. Defendant's partial motion to dismiss granted in part and denied in part.
Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1675
Court denied petitioner's petition to vacate an arbitration award and affirmed the opinion and award of the appointed arbitrator. The court found that under the "exceptionally deferential standard" of the essence test, petitioner failed to meet their burden to establish that the arbitrator's award "indisputably and genuinely was without foundation in, or failed to logically flow from, the collective bargaining agreement."
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 218 C.D. 2019
Claimant appealed the denial of unemployment compensation benefits under 43 P.S. §402(e) and court found board properly found claimant committed willful misconduct and was ineligible for unemployment benefits and that claimant's constitutional claim based on first amendment free speech rights failed because his email reflected mundane employment grievances and was not protected speech. Affirmed.
Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:22-CV-00366
Constructive discharge claims failed where state agency discrimination charge was filed prior to employee's termination, meaning that administrative remedies were not exhausted, and denial of work-from-home did not constitute sufficiently altered work conditions to warrant a constructive discharge. Defendant's motion to dismiss granted.
Publication Date: 2022-10-17
Practice Area: Employment Litigation
Industry: Legal Services | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-02750-JMG
Court sanctioned defendant by precluding its challenge to the causation of plaintiff's injuries after defense counsel ignored multiple court orders to provide responses to plaintiff's discovery requests and to explain the delay in discovery to the court. Plaintiff's motion to compel granted, motion for sanctions granted in part.
Publication Date: 2022-10-17
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 1:21-cv-279
Decision not to promote associate professor to full faculty position constituted discrete application decision that precluded use of the continuing violation doctrine to render such claims timely where plaintiff was invited to reapply in a subsequent academic year and plaintiff treated the denial of his application as final. Defendants' motion to dismiss granted in part and denied in part, plaintiff's motion for leave to amend granted in part.
Publication Date: 2022-10-10
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Stickman
Attorneys: For plaintiff:
for defendant:
Case Number: 2:19-cv-1517
Sex and age discrimination claims failed where plaintiff had no evidence proving defendants were involved in the decision to terminate plaintiff's employment, having delegated that decision and actively advocating against termination. Defendants' motion for summary judgment granted.
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