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  • Hager v. Nat'l R.R. Passenger Corp.

    Publication Date: 2024-02-09
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-3536

    Defendant moved to compel arbitration in plaintiff's Pennsylvania Whistleblower Law and Family and Medical Leave Act action asserting he was unlawfully terminated and court found there was an arbitration agreement, the agreement equivocated as to whether the parties agreed to invoke the Federal Arbitration Act and the agreement provided for arbitrator to decide threshold questions of arbitrability as well as issues of validity, enforceability, and unconscionability. Motion granted.

  • Bushra v. Main Line Health, Inc.

    Publication Date: 2024-01-15
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1090

    Defendant health care provider sought summary judgment in plaintiff physician's action alleging unlawful discrimination and retaliation on the basis of his religion for his refusal to be vaccinated against COVID-19. The court granted defendant's summary judgment motion where defendant demonstrated that it would suffer undue hardship if it were required to accommodate plaintiff's sincerely-held religious belief.

  • In re Zostavax Prod. Liab. Litig.

    Publication Date: 2023-10-23
    Practice Area: Mass Torts
    Industry: Health Care | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-md-2848

    Defendant moved to exclude the general and specific causation opinions of plaintiff's expert in plaintiff's action asserting vaccine caused her headaches and court found expert's specific causation and general causation opinions were too unreliable to be admitted into evidence due to the lack of factual support for plaintiff's diagnosis of persistent daily headache, the lack of a differential diagnosis and a reliance on temporal proximity to establish a connection between the vaccine and PDH. Motion granted.

  • 1510 Chestnut Partners LP v. Wesco Ins. Co.

    Publication Date: 2023-10-09
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2698

    Defendant, a property insurance claims administrator, moved to dismiss plaintiff's complaint for failure to state a claim upon which relief could be granted. The court granted the motion, holding that plaintiff insured could not state a claim for breach of contract or declaratory judgment against the claims administrator that handled claims for plaintiff's commercial property insurer.

  • United States v. Goodman

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-435

    Defendants moved to dismiss the indictment charging them with conspiracy to distribute controlled substances and distribution of controlled substances on the grounds government failed to allege the defendants' subjective belief that they were knowingly and intentionally acting outside the course of a legitimate professional purpose and that the Controlled Substances Act applied to non-pharmacists and court found the indictment in this case met the requirements of Fed.R.Crim.P. 7(c)(1) and 21 U.S.C. §§841 and 846 both applied to "any p

  • Law Journal Press | Digital Book

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    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Chouinard v. Perfection Snacks

    Publication Date: 2023-09-04
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3276

    Canadian employee's claims under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act failed where employee exclusively worked in Canada. Defendant's motion for partial summary judgment granted in part and denied in part.

  • In re Zostavax Prod. Lib Litig.

    Publication Date: 2023-08-28
    Practice Area: Mass Torts
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2848

    Defendant moved to dismiss 42 cases in an MDL product liability action for failure to effectuate service and court found both sides engaged in undue delay, lack of notice was not a factor and exercised its discretion to allow service to be made.

  • King Drug Co. of Florence, Inc. v. Abbott Lab.

    Publication Date: 2023-04-17
    Practice Area: Antitrust
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-3565

    Plaintiffs in an antitrust action asked court to conduct an in camera review of documents that plaintiff asserted were subject to the crime-fraud exception to the attorney-client and attorney work product privileges and court found the prior sham litigation had been found to be objectively baseless and filed to delay entry into the market and ordered defendants to produce documents for review. Motion granted.

  • Velocity Capital Group, LLC v. BA Sec., LLC

    Publication Date: 2023-03-13
    Practice Area: Dispute Resolution
    Industry: Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-4527

    Plaintiff sought a declaratory judgment that it owed nothing to defendants, to enjoin defendants from arbitrating their contractual dispute with plaintiff before the Financial Industrial Regulatory Authority and defendants moved to dismiss and court found the parties consented to arbitrate their pending dispute before FINRA in their agreement and stayed the action and retained jurisdiction pending the outcome of arbitration. Motion denied, motion granted.

  • Horizon House, Inc. v. East Norriton Twp.

    Publication Date: 2023-03-06
    Practice Area: Fee Disputes
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1252

    Plaintiff moved for attorney fees in its Fair Housing Amendments Act action and court found plaintiff was only partially successful, made a downward adjustment from the lodestar and awarded 65 percent of the lodestar amount. Motion granted in part.

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