Don’t forget you can visit MyAlerts to manage your alerts at any time.
12 results for '* judge:"District Judge Cercone"' You can use Search Constraints to get even better search results
Publication Date: 2024-02-16
Practice Area: Wage and Hour Litigation
Industry: Energy
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22cv1367
Plaintiff moved to compel discovery in its a class action under the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law and court found the allegations forming the substance of plaintiff's wage and hour violations were not limited to distinct activities performed by field supervisors, defendant did not explain how the request imposed an undue burden, defendant did not provide a sufficiently detailed privilege log for those documents which it declined to produce and pre-certification discovery of the name
Publication Date: 2023-02-20
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-00518
Defendants sought to dismiss plaintiffs' automobile accident negligence action under rule 12(b)(7) and rule 19 arguing other drivers and/or insurance companies that brought claims against them based on the same accident were necessary parties and court found defendant did not establish that any of the other claimants were a "required" or indispensable party and noted that a risk that practically inconsistent judgments for money damages might arise was not sufficient. Motion denied.
Publication Date: 2021-11-08
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1289
Defendant moved to compel arbitrability in plaintiffs' action asserting violations of the Fair Debt Collection Practices Act and Consumer Discount Company Act after they defaulted on a loan and court found the severability doctrine and the principles governing delegation required plaintiffs to submit to an arbitrator their legal challenge to defendant's ability to use the loan documents in defense of plaintiff's FDCPA claims. Motion granted.
Publication Date: 2020-10-05
Practice Area: Personal Injury
Industry: Construction | Energy
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1070
Construction company's failure to meet professional standards and deviations from those standards in the design and construction of a dewatering plant imposed general duty of care for workers at powerplant who were injured after encountering stored hazardous byproducts left due to the nonfunctioning processing facility. Defendants' motion to dismissed denied.
Publication Date: 2020-08-17
Practice Area: Employment Litigation
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0891
Employer moved for summary judgment in plaintiff's Family and Medical Leave Act action asserting interference and retaliation and plaintiff presented sufficient evidence of pretext to have a jury decide her retaliation claim and there was evidence her supervisor discouraged her from using intermittent FMLA leave and selectively enforced disciplinary actions. Motion denied.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
View this BookView more book results for the query "*"
Publication Date: 2020-04-13
Practice Area: Civil Rights
Industry: Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0394
Defendants moved to dismiss plaintiff's complaint alleging disparate treatment and retaliation based on race and court found plaintiff failed to establish a prima facie showing of race based discrimination or retaliation where none of the allegations relating defendants' decision to terminate plaintiff were imbued with racial animus or gave rise to an inference that racial animus was part of the decision. Motion granted.
Publication Date: 2019-12-02
Practice Area: Energy and Natural Resources
Industry: Energy | Mining and Resources
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1404
Plaintiff moved to vacate arbitration award in favor of defendant in action over royalties due under an oil and gas lease and court found no support in the record for plaintiff's contention that arbitrator strayed from interpretation and application of the lease. Motion denied.
Publication Date: 2019-10-14
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1208
Magistrate judge properly determined that equitable tolling had to be applied in plaintiffs' FLSA and state minimum wage act actions because extensive proceedings and resolution of preliminary matters in this case rendered opt-in plaintiffs' claims particularly vulnerable to the running of the statute of limitations. Affirmed.
Publication Date: 2019-06-03
Practice Area: Dispute Resolution
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0655
Hospital moved to vacate an arbitration award and the court found that arbitrator's decision was a manifest disregard of the plain language of the CBA and ignored the clear intentions of the parties. Motion granted.
Publication Date: 2018-10-02
Practice Area: Food and Drug Act | Litigation | Products Liability
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1171
Plaintiff's strict liability and negligence claims against defendants, the manufacturers of a medical device intended to treat erectile disfunction, were not preempted by the Medical Device Amendment because they fell into the parallel claim exception. The court denied in part defendants' motion to dismiss.
Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.
1 minute read