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Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Education | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1937
Defendant school district moved to dismiss claimant's title VII and Pennsylvania Human Relations Act complaint alleging race discrimination and retaliation and court found claimant had not satisfied the PHRA's exhaustion requirements but did satisfy title VII's administrative prerequisites, claimant sufficiently alleged an employment relationship with defendant and staffing agency was not a necessary party. Motion dismissed.
Publication Date: 2024-02-02
Practice Area: Damages
Industry: Energy | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Colville
Attorneys: For plaintiff:
for defendant:
Case Number: 2:19-cv-00627-RJC J.
Court declined to grant a motion for punitive damages in the form of a summary judgment motion where there were genuine issues of material fact as to defendants' culpability for a fatal motor vehicle accident. Plaintiff's motion granted in part and denied in part.
Publication Date: 2024-01-15
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Legal Services | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 20-4661
Plaintiff sought declaratory relief based on an alleged settlement agreement and court found defendant did not expressly authorize its lawyers to settle the case under terms defined in a March 10, 2020 settlement agreement and there was no meeting of the minds and no contract. Judgment for defendant.
Publication Date: 2024-01-01
Practice Area: Employment Litigation
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 964 C.D. 2022
Claimant argued Workers' Compensation Judge's decision granting claimant's claim petition for a closed period, denying her penalty petition and granting employer's termination petition did not meet the reasoned decision requirements of Section 422(a) of the Workers' Compensation Act and court found board did not address that claim and vacated and remanded for board to consider the issue. Vacated.
Publication Date: 2023-12-25
Practice Area: Contracts
Industry: Distribution and Wholesale | Food and Beverage | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1907
Defendant labor union sought summary judgment in plaintiff employer's action alleging violations of the no-strike clause in the parties' collective bargaining agreements. The court granted union's motion and entered judgment in its favor.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-12-18
Practice Area: Employment Litigation
Industry: Recruitment and Staffing | Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 1329 C.D. 2022
Board erred in affirming Workers' Compensation Judge and finding claimant truck driver's "mental/mental" injury arose from an abnormal working condition, a fire in a tractor trailer truck, because claimant acknowledged he could anticipate a truck fire, had been trained how to respond to a fire and the relatively minor fire that was quickly extinguished was not an "extraordinarily unusual and distressing" employment event for a truck driver. Reversed.
Publication Date: 2023-03-20
Practice Area: Contractual Disputes
Industry: Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2421
Defendant moved to dismiss plaintiff's breach of contract, fraudulent and negligent misrepresentation, negligence and detrimental reliance action after defendant recruited him for a position at pharmacy company for which defendant knew he was not qualified and he was fired shortly after taking the job and court found plaintiff satisfied the heightened pleading requirements for fraud and he did state a claim for fraudulent misrepresentation but defendant did not owe plaintiff a duty to accurately answer his questions about the job and
Publication Date: 2023-01-30
Practice Area: Employment Litigation
Industry: Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 1:22-cv-01232
The court refused to dismiss plaintiff's Title VII retaliation claim against the defendant staffing agency where his allegations supported a plausible inference that he had an employment relationship with both the defendant staffing agency and the end employer as well as all the elements of a viable Title VII retaliation claim. The court denied defendant's motion to dismiss.
Publication Date: 2023-01-16
Practice Area: Labor Law
Industry: Recruitment and Staffing | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1822
Defendant staffing agency and city moved to dismiss plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act disability discrimination and retaliation claims and court found plaintiff failed to adequately plead agency took an adverse employment action against him but he did sufficiently plead city was a joint employer. Motion granted in part and denied in part.
Publication Date: 2022-12-26
Practice Area: Dispute Resolution
Industry: Legal Services | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 2:21-cv-01624
Defendants moved to compel arbitration in plaintiff's title VII and §1981 action asserting discrimination on the basis of race, a hostile working environment and retaliation against him and court found there was an enforceable agreement to arbitrate, the arbitration clause applied to both defendants under the principle of "reverse estoppel" and plaintiff's claims fell within the scope of the agreement. Motion granted.
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