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  • Rudolf v. Am. Int'l Group, Inc.

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1468

    Defendants moved for summary judgment in plaintiff's wrongful termination action and court found plaintiff failed to support his False Claims Act claim, his retaliation and gender discrimination claims under the Age Discrimination in Employment Act, Title VII, Pennsylvania Human Relations Act and Equal Pay Act but did establish a prima facie showing for his Sarbanes-Oxley Act whistleblower retaliation claims and his ADEA and PHRA age discrimination claims. Motion granted in part and denied in part.

  • Zakrie v. LiSec Am., Inc.

    Publication Date: 2022-12-05
    Practice Area: Personal Injury
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-684

    Third-party defendant glass company moved to dismiss defendant's contractual indemnification and defense claim in plaintiff's personal injury action and court found defendant's and third party defendant's agreement to arbitrate did not establish that venue was improper and defendant's third-party contractual indemnity claim against glass company involved a common nucleus of operative fact with plaintiff's underlying claims. Motion denied.

  • Rankin v. PTC Group Holdings LLC

    Publication Date: 2022-06-20
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0685

    Defendant Black Diamond moved to dismiss plaintiff's Fair Labor Standards Act retaliation claim based on his termination for complaints about defendants misclassifying some employees as exempt under the FLSA and court found it had jurisdiction because plaintiff satisfied the three prongs of the Calder test but he did not establish Black Diamond was a joint employer. Motion granted in part and denied in part.

  • Riley v. Timmons Constr. LLC

    Publication Date: 2022-03-21
    Practice Area: Contractual Disputes
    Industry: Construction | Real Estate
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0314

    Defendants moved to dismiss plaintiff's claims for breach of contract, unjust enrichment, conversion, fraudulent inducement, civil conspiracy and piercing the corporate veil arising from a property renovation and court dismissed the unjust enrichment, conversion and fraud claims. Motion granted in part and denied in part.

  • Peltz v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2021-05-24
    Practice Area: Insurance Litigation
    Industry: Automotive | Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0579

    Defendant insurer moved to dismiss plaintiff's breach of contract and statutory bad faith claims over the theft of plaintiff's car and court found plaintiff failed to file suit within the policy time limitation but his assertions of unreasonable claims processing and investigation adequately stated a plausible bad faith claim. Motion granted in part and denied in part.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Bieda v. CNH Indus. Am. LLC

    Publication Date: 2021-02-22
    Practice Area: Commercial Law
    Industry: Agriculture | Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0183

    Defendant's disclaimer did not bar plaintiff's implied warranty claim where the company knowingly placed a defective product into the stream of commerce and such conduct rendered the disclaimers void as procedurally and substantively unconscionable. The court denied defendant's motion for summary judgment.

  • Whiteko v. Fayette County

    Publication Date: 2020-10-26
    Practice Area: Civil Rights
    Industry: Legal Services | State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1171

    Defendant moved to dismiss plaintiff's Age Discrimination in Employment Act and Pennsylvania Human Relations Act age discrimination action and court found defendant conceded the first and second elements of a prima facie case of age discrimination and plaintiff sufficiently alleged he was qualified for his position and the discipline occurred under circumstances that created an inference that his age was a motivating factor. Motion denied.

  • Weikel v. Pyramid Healthcare, Inc.

    Publication Date: 2020-01-13
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0018

    Defendant moved for summary judgment in plaintiff's employment termination action asserting violations of the Americans with Disabilities Act and Family and Medical Leave Act and court found plaintiff failed to establish a prima facie case for disability discrimination where she was terminated for lying to her supervisor, not for her alcoholism, and there was no causal connection between her implicit request for FMLA leave ad her termination. Motion granted.

  • Kenney v. Am. Bd. of Internal Med.

    Publication Date: 2019-10-14
    Practice Area: Antitrust
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1210

    Defendant moved to dismiss plaintiffs' Sherman act, RICO and unjust enrichment claims based on defendant's program for continuing certification in medical specialties and court dismissed plaintiffs' claims of illegal monopolization, monopoly maintenance and RCIO act violations without prejudice and dismissed claims of unlawful tying and unjust enrichment with prejudice. Motion granted.

  • Pearce v. Karples

    Publication Date: 2019-08-12
    Practice Area: Business Torts
    Industry: E-Commerce
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0949

    Defendant moved to dismiss plaintiff's action over a bitcoin exchange for lack of personal jurisdiction and court found it had personal jurisdiction over defendant and exercising jurisdiction over individual defendant comported with traditional notions of fair play and substantial justice where defendant "purposefully availed" himself of the privilege of engaging in activity in Pennsylvania through transacting business with and providing service to thousands of Pennsylvania citizens. Motion denied.