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Publication Date: 2024-01-22
Practice Area: Contracts
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:19-CV-00180
Defendant and third party-plaintiff security company sought leave to amend its complaint to add a claim for breach of contract after university interfraternity council rejected its demand to defend and indemnify company under their security services agreement in action over student's death from complications from injuries he sustained at a "bid acceptance night" held by a fraternity and court found allowing amendment would not further delay the proceedings. Motion granted.
Publication Date: 2023-10-16
Practice Area: Civil Rights
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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for defendant:
Case Number: 4:23-CV-00890
School district moved to dismiss student's title IX punitive and emotional distress damages and state law tort claims and court found punitive and emotional distress damages were barred under title IX and the Political Subdivision Tort Claims Act barred state law tort claims against school district because §3124.2(a.2) did not apply to students. Motion granted.
Publication Date: 2023-08-28
Practice Area: Civil Rights
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 4:23-CV-00148
Defendants moved to dismiss plaintiff's title VII gender discrimination, sexual harassment and constructive discharge action and court found plaintiff's EEOC complaint was untimely. Motion granted.
Publication Date: 2023-07-03
Practice Area: Insurance Litigation
Industry: Energy | Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 4:22-CV-01465
Defendant insurer moved to dismiss plaintiff's action asserting defendant acted in bad faith in denying coverage of an insurance claim and court found SweetH20's policy covered plaintiff's losses from SweetH20's employee's lawsuit and plaintiff's complaint plausibly alleged defendant's denial of coverage was unreasonable or reckless. Motion denied.
Publication Date: 2023-06-26
Practice Area: Class Actions
Industry: Construction
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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for defendant:
Case Number: 4:21-CV-01747
Plaintiffs moved for class certification in their ERISA putative class action and court found that by tethering their claims to the criminal complaint brought by the Pennsylvania attorney general against defendant for theft, to which defendant pled no contest, plaintiffs met their obligations under rule 23. Motion granted.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-06-19
Practice Area: Real Estate
Industry: Energy | Real Estate
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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for defendant:
Case Number: 4:17-CV-00737
Plaintiff condemnor moved for motions in limine to exclude evidence in the just compensation action over the value of the condemned land and court granted the noncompensable damages and professional fees motions in full and the speculative development, barn value and Daubert motions in part. Granted.
Publication Date: 2023-05-08
Practice Area: Labor Law
Industry: Construction
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 4:21-CV-00533
Disability discrimination claim failed where employer did not consider worker's injury severe enough to qualify for short-term disability and the worker was released back to full duty several weeks after the work accident, eliminating any discriminatory inference from the worker's termination for failure to report for duty. Defendant's motion for summary judgment granted.
Publication Date: 2023-05-01
Practice Area: Business Torts
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 4:22-CV-01394
Court could exercise specific personal jurisdiction over out-of-state defendant based on their alleged participation in fraudulent transfer scheme by accepting payments that originated in Pennsylvania when defendant knew or should have known that creditor would be harmed by the transfer. Defendant's motion to dismiss denied.
Publication Date: 2023-04-03
Practice Area: Class Actions
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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for defendant:
Case Number: 4:19-CV-01596
Defendant moved to stay the order granting class certification in plaintiff's class action pending the third circuit's ruling on its rule 23(f) appeal petition and court found defendant had not made a strong showing of a likelihood of success on the merits of its appeal, court had twice considered defendant's arguments and rejected them and defendant failed to show irreparable harm or that any public interest would be served by a stay. Motion denied.
Publication Date: 2023-02-20
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 1:20-CV-02160
Plaintiff was an at-will employee with no protected interest in his continued employment with the state, and he could not overcome this status by relying on purported representations in an employee personnel manual to establish grounds for a procedural due process claim. The court granted defendant's motion for summary judgment.
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