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Publication Date: 2024-01-22
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:22-cv-02769-JMG
Plaintiff could assert deliberate indifference claim against prison mental healthcare worker who disregarded decedent's recent suicidal attempts and ideation to rapidly remove decedent from suicide watch. Defendants' motion for summary judgment granted in part and denied in part.
Publication Date: 2023-12-25
Practice Area: Contracts
Industry: Chemicals and Materials | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 5:21-cv-02972-JMG
Defendant moved for a new trial after a jury found it liable to plaintiff for breach of contract. The court denied the motion.
Publication Date: 2023-11-06
Practice Area: Trademarks
Industry: Construction | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 5:21-cv-03328-JMG
Plaintiffs and defendants filed cross-motions for summary judgment in plaintiffs' action alleging a Lanham Act claim of federal trademark infringement. The court denied plaintiffs' motion, granted in part and denied in part defendants' motions, dismissed plaintiffs' Lanham Act claim, and declined to exercise supplemental jurisdiction over plaintiffs' remaining state-law claims.
Publication Date: 2023-10-16
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 23-CV-3404
Court dismissed removed state law ejectment claim where face of complaint appeared to suggest both parties were citizens of the same state and defendant's federal defense could not confer federal question jurisdiction. Case remanded to state court.
Publication Date: 2023-10-02
Practice Area: Class Actions
Industry: Aerospace | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 5:20-cv-01883-JMG
Court denied class certification due to class action waiver in airline's terms and conditions, where airline's website provided sufficient notice that passengers would be subject to the terms and conditions and provided passengers purchasing tickets with direct access to the terms. Plaintiffs' motions for class certification and to exclude defendant's expert report denied.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-09-25
Practice Area: Insurance Litigation
Industry: Insurance | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:22-cv-02431-JMG
Plaintiff insurer moved to dismiss Sibley's counterclaims of negligence and bad faith based on Sibley's contention he was an intended third-party beneficiary of professional liability policies issued by plaintiff to McGogney and Barr and court found Sibley's counterclaims were barred by the gist of the action and economic loss doctrines. Motion granted.
Publication Date: 2023-08-21
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 5:23-cv-01349-JMG
Court declined to dismiss consumer protection claims against insurer where policyholder alleged that insurer engaged in unreasonable conduct beyond refusing to pay benefits, such as making repetitive requests for the same information and asserting a need for additional investigation despite no further investigation reasonably leading to information that would assist adjusting of the claim. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2023-08-14
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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Case Number: 5:23-cv-00634-JMG
Court denied transgender woman's motion to proceed pseudonymously in employment discrimination claim where factors did not overcome presumption in favor of open judicial proceedings and public access to the judicial process, particularly where plaintiff had previously pursued a separate discrimination complaint without proceeding pseudonymously. Plaintiff's motion to proceed pseudonymously denied.
Publication Date: 2023-07-31
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
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for defendant:
Case Number: 5:20-cv-00630-JMG
Plaintiffs moved for reconsideration of court's order precluding plaintiffs' expert's opinion on the cause of plaintiffs' child's autism under Daubert and court found it analyzed the reliability of expert's methodology and found it unreliable, plaintiffs failed to show a clear error of law and court also denied plaintiffs' motion for certification of an interlocutory appeal. Motion denied.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00634-JMG
Defendants moved to dismiss plaintiff's title VII and state law discrimination, sexual harassment, retaliation, hostile work environment and battery action against company and three of her supervisors and court dismissed the title VII claims against individual supervisors but found plaintiff sufficiently pled her claims against company defendant. Motion granted in part and denied in part.
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