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Publication Date: 2024-01-22
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:22-cv-4284
Defendant was entitled to summary judgment in plaintiffs' common law fraud and Unfair Trade Practices and Consumer Protection Law action over denial of a mortgage application because the UTPCPL claim failed since plaintiffs did not purchase anything from defendant and plaintiffs failed to establish damages or any misrepresentation to support the fraud claim. Motion granted.
Publication Date: 2023-12-18
Practice Area: Trademarks
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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Case Number: 5:23-cv-3682
Plaintiff sought declaratory judgment after California defendant sent cease-and-desist letters asserting plaintiff infringed on her trademark and court found the mailing of two cease-and-desist letters to a company in Pennsylvania was, without more, insufficient to establish personal jurisdiction. Complaint dismissed.
Publication Date: 2023-12-11
Practice Area: Whistleblower Laws
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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for defendant:
Case Number: 5:23-cv-2166
Defendant moved to dismiss plaintiff's violation of the False Claims Act, retaliation in violation of the Pennsylvania Whistleblower Law and common law wrongful discharge in violation of public policy action and court found plaintiff failed to plausibly allege that the purported Centers for Medicare & Medicaid services' regulation violations could have defrauded the government but found the Worker Adjustment and Retraining Notification Act violation and the fraudulent tax classification constituted wrongdoing under the PWL and the clo
Publication Date: 2023-11-27
Practice Area: Business Torts
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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for defendant:
Case Number: 5:23-cv-2495
Defendants moved to dismiss plaintiff's claims for promissory estoppel, commercial disparagement and defamation based on statements defendants made blaming plaintiff for defendants' failure to provide promised health care insurance coverage and court found plaintiff failed to sufficiently plead promissory estoppel but it did sufficiently state a claim for commercial disparagement and pecuniary loss, defamation and actual malice. Motion granted in part and denied in part.
Publication Date: 2023-11-20
Practice Area: Constitutional Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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Case Number: 5:23-cr-00148
Defendant moved to dismiss his indictment for being a felon in possession of a firearm and court found his Second Amendment argument failed because there was historical precedent going back to the 18th century for restricting the possession of firearms by those who previously committed dangerous crimes. Motion denied.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-11-20
Practice Area: Securities Litigation
Industry: Financial Services and Banking | Investments and Investment Advisory | Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-03206-JFL
Class action plaintiff moved for consolidation of litigation, appointment as lead plaintiff, and approval of selection of co-lead counsel. The court granted the motion in its entirety.
Publication Date: 2023-08-21
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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for defendant:
Case Number: 5:23-cv-0972
Breach of contract, violation of consumer protection laws, and bad faith claims failed as a matter of law against claims adjuster due to the lack of a contractual relationship between the adjuster and the insured. Defendant's motion to dismiss granted.
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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Case Number: 5:23-cv-00247
Defendant moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act claims of gender discrimination and court found plaintiff sufficiently alleged he was replaced by a less-qualified employee outside his "protected class" giving rise to an inference of gender-based animus. Motion denied.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:22-cv-4634
Defendant moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act action over her termination from employment after she refused to comply with defendant's mandatory COVID-19 and influenza vaccine requirements on religious grounds and court found plaintiff alleged additional facts about her religious beliefs that rose above a "blanket privilege" and her title VII claim survived defendant's motion to dismiss but her PHRA claim did not because she never filed a complaint with the PHRC. Motion granted in part and denie
Publication Date: 2023-05-22
Practice Area: Contracts
Industry: Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00802
Court allowed trade secret claims to proceed where plaintiff had pled sufficient facts to identify the trade secrets at issue and support an inference that defendant misappropriated those trade secrets to develop and market its products. Defendant's partial motion to dismiss denied in part and granted in part.
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