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  • Brand Design Co., Inc. v. Rite Aid Corp.

    Publication Date: 2024-03-01
    Practice Area: Contracts
    Industry: Retail | Software
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1174

    Court rejected motion to exclude damages expert's report where defendants' objections to the report went to weight and credibility rather than fit and reliability. Defendants' motion to exclude denied, parties' motions to seal granted.

  • De Piero v. Pennsylvania State Univ.

    Publication Date: 2024-01-29
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2281

    Defendants moved to dismiss plaintiff's complaint alleging racial discrimination, hostile work environment and related claims arising from defendants' race-training programs and requirements in a university academic setting. The court granted in part and denied in part defendants' motion.

  • ABEC, Inc. v. Eat Just, Inc.

    Publication Date: 2024-01-08
    Practice Area: Contracts
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1091

    Defendants moved to compel arbitration of plaintiff's suit for breach of contract. The court denied defendants' motion where the contractual arbitration clause in the parties' original agreement was superseded in pertinent part by later contractual amendments agreed upon by the parties.

  • Kevin C. v. Found. Behavioral Health

    Publication Date: 2023-12-25
    Practice Area: Personal Injury
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-6431

    Although there were genuine issues of material fact as to the negligence of inpatient behavioral facility and its employees, the facility's corporate parents could only be liable for their direct conduct rather than through veil piercing. Defendants' motion for summary judgment granted in part and denied in part.

  • Saaverda v. Mayorkas

    Publication Date: 2023-12-11
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2110

    Defendants moved to dismiss plaintiff's causes of action under the Administrative Procedure Act and the Mandamus Act over defendant's failure to act on his I-601A application for a provisional unlawful presence waiver and court found it had jurisdiction and plaintiff stated a claim for relief. Motion denied.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

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

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  • Hawkins v. CVS Pharmacy, Inc.

    Publication Date: 2023-12-04
    Practice Area: Personal Injury
    Industry: Pharmaceuticals | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-cv-03659

    Court remanded case where allegations of complaint appeared to suggest that plaintiff's damages would not exceed the amount-in-controversy threshold, even though the complaint sought more than $50,000. Plaintiff's motion to remand granted.

  • Rose v. Eagle Express Lines

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2784

    Defendants moved for summary judgment in plaintiff's action asserting Americans with Disabilities Act and Pennsylvania Human Relations Act age and disability discrimination, failure to accommodate and violation of his Family and Medical Leave Act rights after defendant refused to reinstate him as a truck driver after FMLA leave and court found plaintiff failed to meet his burden to show pretext on the age discrimination and failure to accommodate claims but a reasonable jury could find plaintiff was medically fit to return to work and

  • Righteous v. Overbrook Sch. for the Blind

    Publication Date: 2023-08-21
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-846

    Defendants moved to dismiss plaintiffs' religion, race and disability discrimination action under title VII, the Americans with Disabilities Act and the Pennsylvania Human Relations Act alleging loss of their jobs for refusing to get COVID-19 vaccinations and court found plaintiffs failed to adequately plead the first element of their prima facie case of religious discrimination but sufficiently alleged facts to support their disparate impact and inference of intentional discrimination claims. Motion granted in part and denied in part

  • Siedzikowski v. Criswell

    Publication Date: 2023-05-15
    Practice Area: Insurance Law
    Industry: Federal Government | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3369

    Defendants moved to dismiss plaintiffs' action asserting the Federal Emergency Management Agency failed to fully reimburse them for the full extent of the losses covered by their flood insurance policy and asserting state law claims against claims servicing company and court held plaintiffs' December 2021 letter to FEMA was not a valid proof of loss under their flood insurance policy and the policy preempted the state law claims against claims serving company. Motion granted.

  • Hanafy v. Hill Int'l, Inc.

    Publication Date: 2023-05-15
    Practice Area: Labor Law
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-878

    Plaintiff could pursue disability discrimination claim against employer after showing that employer considered plaintiff as disabled, but failure to accommodate claims failed where plaintiff made no requests for accommodations for a follow-up surgery for his heart disease. Defendant's motion for summary judgment granted in part and denied in part.

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