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Publication Date: 2024-02-09
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:23-117
Former employer adequately alleged existence and breach of separation agreement with employee and was not required to attach a copy of the agreement to the complaint. Defendant's motion to dismiss denied.
Publication Date: 2023-08-07
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
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for defendant:
Case Number: 3:21-cv-00190
Insurers had no duty to defend or indemnify healthcare facility operator sued for physician's abuse and molestation of patients at the facility where the insurance policies contained sexual misconduct and abuse/molestation exclusions with a scope broad enough to encompass the alleged sexual misconduct. Defendants' motion for judgment on the pleadings granted.
Publication Date: 2023-07-10
Practice Area: Employment Litigation
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:22-cv-165
Defendant moved to compel arbitration in plaintiff's title VII and Pennsylvania Human Rights Act action for sex based discrimination, harassment and retaliation and court found the arbitration agreement was valid, was not procedurally and substantively unconscionable and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act did not apply because the dispute giving rise to plaintiff's claim occurred prior to the act's effective date. Motion granted in part.
Publication Date: 2023-07-03
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:22-cv-00012
Defendants moved to dismiss plaintiff's §1983 complaint alleging violations of her civil rights and suing for emotional distress and malicious prosecution after officers pushed into her house to arrest her boyfriend and charged her with hindering and other crimes and court found there were no exigent circumstances to support officers' entry into the house but there was probable cause for prosecuting plaintiff for hindering apprehension. Motion denied in part and granted in part.
Publication Date: 2023-06-12
Practice Area: Corporate Governance
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
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for defendant:
Case Number: 3:23-56
Court denied preliminary injunction to delay corporate board election where shareholder was unlikely to succeed in challenge to company's advance notice requirements. Plaintiff's motion for preliminary injunction denied.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-01-30
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Energy
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3-22-cv-39
Bankruptcy court properly dismissed appellants' fourth amended adversary complaint and denied leave to file a fifth amended adversary complaint alleging fraudulent transfer for failure to state a claim and for failing to address appellee's futility argument, Affirmed.
Publication Date: 2022-11-07
Practice Area: Damages
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
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Case Number: 1:20-2-2
Government sought restitution after defendant pled guilty to conspiracy to defraud the U.S. by committing food stamp fraud and court found government could not show the Department of Agriculture Food and Nutrition Service suffered any monetary loss as a direct result of defendant's conduct because the benefits would have been paid out regardless of defendant's fraudulent actions. Motion denied.
Publication Date: 2022-10-10
Practice Area: Wrongful Death
Industry: Construction | Real Estate
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-cv-197
Property rehabilitators, defendants in negligence and wrongful death action, moved to dismiss arguing non-party T.T. Jones owned the property and was an indispensable party and court found there was dispute as to ownership, defendants' repair and rehabilitation of the property and its electrical system would have occurred before the alleged transfer of the property and defendants failed to show Jones as a necessary or indispensable party. Motion denied.
Publication Date: 2022-10-03
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-cv-00091
The allegations in plaintiff's complaint were insufficient to demonstrate a prima facie case under the American's with Disabilities Act as the complaint, which did not state a diagnosis, included only a brief description of plaintiff's alleged disability involving mental health issues without any substantiation. The district court granted defendant's motion to dismiss.
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