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Publication Date: 2019-03-04
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0242
Defendant was indicted and arrested for conspiracy to distribute more than 500 grams of drugs and moved for revocation of his detention order and the court found that the seriousness of the offense charged, the presence of guns with the drugs, his past criminal convictions, his lack of known employment and luxurious lifestyle and the danger to the community weighed in favor of his continued detention. Motion denied.
Publication Date: 2019-02-26
Practice Area: Banking and Finance Laws | Civil Procedure | Dispute Resolution
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 19-0194
Intervening party American Express FSB successfully moved to compel arbitration in this matter against a vendor/debt collector for alleged violations of the Fair Debt Collection Practices Act where plaintiff agreed in his cardmember agreement to arbitrate all claims arising out of the card agreement, including those against third parties. The court granted a motion to compel arbitration.
Publication Date: 2019-01-29
Practice Area: Contractual Disputes | Fee Disputes
Industry: Consulting | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 19-0087
Defendant moved to dismiss plaintiff's claims for breach of contract, account stated, unjust enrichment and quantum meruit in plaintiff's action over defendant's failure to pay the last two invoices under the parties' contract and the court dismissed the claims because an account stated cause of action could not exist where, as here, there was a dispute over the accuracy of the debt, work done under contract was the subject of the unjust enrichment claim and the quantum meruit claim was duplicative of the unjust enrichment claim. Moti
Publication Date: 2019-01-08
Practice Area: Employment Litigation
Industry: Federal Government | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1592
Plaintiff failed to support her claim that defendant rescinded a job offer in retaliation for her prior Equal Employment Opportunity activity where there was no evidence that any of defendant's representatives knew of such activity when they decided to rescind her offer. The court granted defendant's motion for summary judgment.
Publication Date: 2018-11-13
Practice Area: Civil Rights | Personal Injury
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 18-1357
Township and police officer moved to dismiss plaintiff's failure to train, supervisory liability and theft claims after officers allegedly searched her house and car without a warrant or consent and court found she failed to allege a policy or custom to sustain a Monell claim, asserted no facts to sustain a single violation theory and provided no specific factual allegations as to the officers' directions to their subordinates. Motion granted.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2018-11-06
Practice Area: Business Torts | Trademarks
Industry: Consumer Products | Distribution and Wholesale | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 18-1321
Plaintiff sufficiently pled a likelihood of confusion, one of three elements required to prevail on a false designation of origin claim under the Lanham Act, where both plaintiff and defendant used the same word to sell their competing bath products. The court denied in part defendant's motion to dismiss.
Publication Date: 2018-09-25
Practice Area: Contracts | Dispute Resolution
Industry: Consulting
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1144
Plaintiff moved for summary judgment, defendant moved to dismiss plaintiff's breach of contract claim and trial judge denied both motions because while the "initial statement of work" exchanged by the parties contained sufficiently definite terms and plaintiff's allegations that defendant made consistent monthly payments for five months were sufficient to allege an implied contract, summary judgment was premature since there had been no discovery in the case. Motions denied.
Publication Date: 2018-08-28
Practice Area: Labor Law | Whistleblower Laws
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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Case Number: 18-1018
First Amendment retaliation claim dismissed where plaintiff failed to plead either that defendants had knowledge of plaintiff's protected speech or that such speech was a substantial factor in defendants' decision to terminate plaintiff. Defendants' motion to dismiss granted.
Publication Date: 2018-08-21
Practice Area: Dispute Resolution | Employment Litigation
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
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for defendant:
Case Number: 18-0985
Employer moved to compel arbitration, in former employee's age discrimination action, based on the arbitration provision in the employment agreement that specifically included claims of age discrimination and the court stayed the case pending the outcome of the arbitration. Motion granted.
Publication Date: 2018-08-21
Practice Area: Criminal Appeals
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0971
Given the overwhelming evidence of defendant's guilt, which evidence corroborated the victim's account, defendant's claim that trial counsel was ineffective for failing to impeach the victim regarding the exact dates of the criminal conduct did not raise a substantial likelihood that the jury would have reached a different result. The court overruled defendant's objections in part.
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