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Publication Date: 2024-01-01
Practice Area: Class Actions
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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for defendant:
Case Number: 18-5174
Court denied motion to intervene in class action as untimely where the motion was filed following preliminary approval of a settlement that restricted and excluded movant from the class definition, and where motions to intervene early in litigation would enable the court to determine the plaintiff(s) best suited to represent the class. Motion to intervene denied.
Publication Date: 2023-12-18
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Accounting
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 2:20-cv-03326-AB
German accounting firm moved to dismiss plaintiffs' securities litigation action for lack of specific jurisdiction and court found that while firm's participation in a business meeting with its American counterpart in Pennsylvania showed purposeful availment, plaintiffs failed to demonstrate purposeful availment in relation to the causes of action in the complaint in that meeting. Motion granted.
Publication Date: 2023-11-06
Practice Area: Health Care Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 23-1313
Plaintiff moved to remand its action over unpaid medical bills and court found plaintiff lacked standing to bring its claims under ERISA §502(a), its claims were premised on defendant's state law duties that were independent of any ERISA plan and court lacked subject matter jurisdiction. Motion granted.
Publication Date: 2023-08-07
Practice Area: Dispute Resolution
Industry: Distribution and Wholesale | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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for defendant:
Case Number: 21-2845
Petitioner moved to confirm an arbitration award from the China International Economic and Trade Arbitration Commission through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court applied Pennsylvania law and found petitioner had not established the "exchange of letters" that was an "essential prerequisite" for enforcement under the convention and the parties' accounts of the negotiations and the in-person meeting were flatly contradictory. Petition denied.
Publication Date: 2023-07-24
Practice Area: Public Records
Industry: Federal Government | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 20-6427
U.S. Customs and Border Protection failed to conduct adequate search where it merely made bare assertions that responsive records were not located on mobile devices and failed to use all responsive search terms when searching email inboxes. Plaintiff's motion for summary judgment granted in part, defendant's cross-motion denied.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-03-27
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 21-5164
Plaintiffs, a minor child and her mother, moved for judgment on the administrative record in their suit alleging that a school district failed to provide child a free appropriate public education. Court denied the motion.
Publication Date: 2023-03-20
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 22-1601
A police officer demonstrated a reasonable inference that an online news outlet acted with actual malice where it erroneously included his identifiable photo in a story about another police officer who was accused of racial profiling. The trial court denied defendants' motion to dismiss for failure to state a claim.
Publication Date: 2023-03-06
Practice Area: Employment Litigation
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
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Case Number: 17-465
Parties cross-moved for summary judgment in an Fair Labor Standards Actcollective action and court granted summary judgment as to plaintiff's tip pool claim as it related to hosts but denied it as it related to bussers, dismissed some defendants finding they were not joint employers and dismissed any opt-in Nevada plaintiffs from the action. Motions granted in part and denied in part.
Publication Date: 2023-02-06
Practice Area: Personal Injury
Industry: Health Care | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2655
Child residents of inpatient behavioral care facilities had Article III standing to seek injunctive relief against facility operator where they had alleged ongoing patterns of physical and sexual abuse and could obtain redress in the form of revised policies aimed at reducing the risk of or preventing abuse. Defendant's motion to dismiss or strike denied.
Publication Date: 2023-01-02
Practice Area: Securities Litigation
Industry: Accounting | Investments and Investment Advisory
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-03326-AB
Defendant German accounting firm moved to dismiss plaintiffs' securities class action for lack of personal jurisdiction and court found there was no evidence German firm purposefully availed itself of the U.S. forum where it audited a German company in Germany under German accounting principles, the audit opinions were not used in connection with any SEC filings by defendant Wirecard and Wirecard did not sponsor the American Depositary Receipts allegedly sold to plaintiffs and did not file a form F-6 with the SEC. Motion granted.
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