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Publication Date: 2022-10-10
Practice Area: Employment Litigation
Industry: Agriculture
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1815
Defendants moved to dismiss plaintiff's unjust enrichment, conversion, quantum meruit and fraud in the inducement action over the termination of her employment as head horse trainer and court found her unjust enrichment, quantum meruit, conversion and fraud in the inducement claims were barred by the gist of the action doctrine since the parties admitted there was a written employment agreement and individual defendants could not be personally liable since they acted as officers and agents of the LLC. Motion granted.
Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 659 C.D. 2020
Board erred in finding claimant engaged in willful misconduct by violating employer's confidentiality policy when he disclosed a juvenile's age to school principal because policy did not require a risk of harm or direct employees to report to the juvenile's probation officer and gave claimant the discretion to make the disclosure. Reversed.
Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 22-655-KSM
Defendant employers moved to dismiss the retaliation and willfulness allegations in plaintiffs' Fair Labor Standards Act action and court found plaintiffs sufficiently pled allegations of willfulness but the retaliation claims failed because they did not show an assertion of rights protected by the FLSA or a materially adverse action. Motion granted in part and denied in part.
Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 20-cv-3158
ERISA fiduciary duty claims could not be asserted to challenge benefit plan's honest miscalculation of participant lump sum benefits, particularly where participants were advised of the possibility of recalculation and acknowledged plan's right to recalculate benefits.
Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-cv-00091
The allegations in plaintiff's complaint were insufficient to demonstrate a prima facie case under the American's with Disabilities Act as the complaint, which did not state a diagnosis, included only a brief description of plaintiff's alleged disability involving mental health issues without any substantiation. The district court granted defendant's motion to dismiss.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-4750
Fennell v. Comcast Cable Commc'n Mgmt., LLC
Publication Date: 2022-09-26
Practice Area: Employment Litigation
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Greenaway
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1506
Employee had asserted sufficient injury-in-fact following data breach of former employer's servers where employee's information was copied by hackers and published on the internet, exposing employee to real risk of identity theft. Order of the district court reversed, case remanded.
Publication Date: 2022-09-26
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1994
Defendant moved for partial summary judgment in plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act disability discrimination and retaliation action and court found plaintiff failed to exhaust her administrative remedies with regard to her claims during the 2018-2022 time period. Motion granted.
Publication Date: 2022-09-26
Practice Area: Employment Litigation
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-01145-RJC
Defendants moved to dismiss plaintiff's Age Discrimination in Employment Act, Americans with Disabilities Act and Pennsylvania Human Relations Act action alleging a scheme to assign demerits to employees over 40 and terminate them and court found plaintiff's allegations amounted to mere conclusory allegations that lacked any factual specificity. Motion granted.
Publication Date: 2022-09-26
Practice Area: Employment Litigation
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:21-cv-00042-JDW
Defendant moved for summary judgment in plaintiff's age discrimination and retaliation action after he was fired as a poker dealer and court found he failed to establish a prima facie case of retaliation and had no evidence of pretext to rebut defendant's legitimate non-discriminatory reason for firing him, his poor performance. Motion granted.
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