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Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3828
Defendant moved to dismiss plaintiff's Americans with Disabilities Act discrimination and retaliation action after she was fired two weeks after returning to work from a COVID-19 hospitalization with documentation requesting light duty and time off for surgery and court found plaintiff's allegations were more than sufficient at this stage of the proceedings and supported a reasonable inference of a causal connection between her termination and her disability and request for leave for surgery. Motion denied.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-00957-JDW
Petition-based retaliation claim survived summary judgment where temporal proximity between transfer, which employee viewed as a demotion, and employee's lawsuit was suggestive of a retaliatory animus. Defendants' motion for summary judgment denied in part and granted in part.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Alejandro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5355
Race discrimination and retaliation claims failed where plaintiff did not present adequate comparator evidence or evidence of protected activity to show that non-discriminatory reasons for his termination were pretext. Defendant's motion for summary judgment granted.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schmehl
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3991
Court denied employer's motion for summary judgment without prejudice to employee providing requested medical documentation, since employee was merely placed on medical hold and was not disqualified or terminated from work. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00634-JMG
Defendants moved to dismiss plaintiff's title VII and state law discrimination, sexual harassment, retaliation, hostile work environment and battery action against company and three of her supervisors and court dismissed the title VII claims against individual supervisors but found plaintiff sufficiently pled her claims against company defendant. Motion granted in part and denied in part.
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Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD 22-15325
Petitioner labor union appealed the court's dismissal of its action seeking review of a grievance arbitration award in favor of respondent township. The court concluded that it did not err in dismissing the petition and entering judgment in favor of respondent.
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00247
Defendant moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act claims of gender discrimination and court found plaintiff sufficiently alleged he was replaced by a less-qualified employee outside his "protected class" giving rise to an inference of gender-based animus. Motion denied.
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case Number: 21-2801
Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:21-cv-2700-MMB
Defendant moved for judgment as a matter of law in plaintiff's Americans with Disabilities Act action after jury found in plaintiff's favor and awarded compensatory and punitive damages and court noted that jury found plaintiff could perform the essential functions of her job, defendant failed to offer a reasonable accommodation and treated plaintiff at least with recklessness and evidence sufficiently supported the jury's findings. Motion denied.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kenney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-cv-02583
Defendants moved to alter or amend judgment in action finding it failed to pay travel time to employees traveling between different clients' homes or between defendant's office and client homes and court found the travel time was "indispensable" and compensable, defendant failed to keep records, its violation was willful and trial court properly granted summary judgment on damages and an injunction. Motion denied.
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