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Publication Date: 2024-02-23
Practice Area: Business Torts
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 23-4096
Defendants moved to dismiss plaintiff's claims alleging tortious interference with a contract and breach of loyalty. The court denied the motions, concluding plaintiff former employer successfully stated claims by alleging that two former employees, in association with their new employer, carried out a scheme to steal away two large clients and numerous co-workers, all while the former employees still worked for plaintiff.
Publication Date: 2023-12-04
Practice Area: Class Actions
Industry: Chemicals and Materials | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
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for defendant:
Case Number: 21-3966
Class action plaintiffs filed suit for alleged ERISA violations arising out of a corporate restructuring, seeking clarification relief or, alternatively, equitable relief to restore retirement benefits due to them before the corporate transactions. Having previously determined that the requirements of class certification had been met, and that one or more classes would be certified, the court entered its opinion setting out the exact class definitions.
Publication Date: 2023-11-27
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
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Case Number: 23-03349
Court declined to remand slip and fall case where plaintiff asserted colorable claims against manager who resided in same jurisdiction. Plaintiff's motion to remand granted.
Publication Date: 2023-11-13
Practice Area: Legal Malpractice
Industry: Legal Services | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
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for defendant:
Case Number: 2:23-cv-01974
Defendant law firm moved for dismissal of plaintiffs' malpractice action for lack of personal jurisdiction and improper venue, or alternatively to stay the proceedings in deference to a separate action pending in Ohio. The court denied defendant's motion.
Publication Date: 2023-10-30
Practice Area: Personal Injury
Industry: E-Commerce
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
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Case Number: 23-02858
Plaintiffs moved to remand their action over pet owner's surreptitiously filming them while they provided pet sitting services and court found removal to federal court was proper based on reasonable diligence. Motion denied.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-09-11
Practice Area: Dispute Resolution
Industry: Construction | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3840
Petitioner moved to vacate an arbitration award and court found arbitrator's finding that patented high friction surface treatment equipment was not included in the bill of sale for a truck on which the equipment was installed had colorable justification and confirmed the award and granted pre-and post-judgment interest. Motion denied.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
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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: 2023-05-15
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
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Case Number: 22-4093
Defendant insurance company moved to dismiss plaintiffs' suit seeking a declaratory judgment that coverage existed under a contractor's insurance policy for personal injuries caused by exposure to mold. The court granted the motion to dismiss because the policy did not cover damages resulting from disease caused by microorganisms or bodily injury caused by exposure to mold.
Publication Date: 2023-05-01
Practice Area: Mergers and Acquisitions
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2338
Statutory securities fraud claims were not barred by the gist of the action doctrine, nor were common law fraud claims sounding in a claim of pre-contractual fraudulent inducement. Plaintiff's motion to dismiss counterclaim denied, third-party defendants' motion to dismiss third-party complaint granted.
Publication Date: 2023-03-27
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-CV-3370-MMB
Defendant moved to dismiss plaintiff's Fair Housing Act action alleging gender discrimination based on a lease addendum she was asked to sign that prohibited female tenants from having male overnight guests but placed no such prohibition on male tenants and court found plaintiff plausibly alleged defendant established a policy that discriminated against women and that plaintiff's housing rights were plausibly harmed. Motion denied.
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