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Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
Case Number: 21-2491
District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1158 C.D. 2021
Requiring a workers' compensation claimant under Act 46 to prove exposure to a substance listed on the International Agency for Research on Cancer's Group 1 carcinogens did not change the evidentiary burden for a claimant to prove entitlement to the statutory presumption of causation even though ongoing medical research led to alterations of the Group 1 list. Order of the WCAB affirmed.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1773
Defendant moved for summary judgment in plaintiff's Americans with Disabilities Act, Family and Medical Leave Act, interference under the Families First Coronavirus Response Act and violation of the Pennsylvania Human Relations Act action over her termination and court found plaintiff failed to point to any evidence to show her termination was motivated by any association between her and her disabled son, she failed to point to any evidence to support her FMLA interference or retaliation claims and defendant was entitled to a good fai
Publication Date: 2023-07-03
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 1:20-cv-00663
Court awarded attorneys' fees to defendant where plaintiff did not meaningfully contest the reasonableness of defendant's counsel's hours worked or hourly billing rate. Defendant's motion for attorneys' fees granted.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2023-06-26
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 526 C.D. 2022
Petitioner appealed the holding it had unintentionally violated the Prevailing Wage Act and was personally financially responsible for the failure to comply with the act and court found the act did not authorize the bureau to impose penalties on public bodies who failed to comply with the act as petitioner had argued. Affirmed.
Publication Date: 2023-06-26
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3808
Hostile work environment and disparate treatment claims failed due to the lack of severe or pervasive conduct or an adverse employment action, but negative performance reviews following EEOC charge that supervisor repeatedly referenced supported a plausible retaliation claim. Defendant's motion to dismiss granted in part and denied in part.
Publication Date: 2023-06-19
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 206 C.D. 2022
Petitioner sought review of respondent's final order denying a setoff for unemployment compensation benefits against its backpay award to an employee. The court affirmed.
Publication Date: 2023-06-15
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1394
Plaintiff appealed the dismissal of his complaint against defendant, his former employer.
Publication Date: 2023-06-12
Practice Area: Labor Law
Industry:
Court: Supreme Court
Judge: Justice Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 2 MAP 2022
Claimant appealed an order of the Commonwealth Court affirming a Workers' Compensation Appeal Board decision that authorized an employer to subrogate its payment of Heart and Lung Act benefits against a claimant's third-party settlement with Dram Shop Act defendants. The court reversed.
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