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  • Lee v. Golf Transp., Inc.

    Publication Date: 2023-11-20
    Practice Area: Wrongful Death
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:21-CV-01948

    Federal Aviation Administration Authorization Act preempted state law negligence wrongful death claims against freight broker where imposing duties of care under state negligence laws would require brokers to perform additional duties outside the usual scope of the broker industry. Defendant's motion for summary judgment granted.

  • Dumont Aircraft Charter, LLC v. Valvano

    Publication Date: 2023-05-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Travel and Tourism
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:22-CV-00572

    Breach of promissory note and mortgage claims were arbitrable when the note and mortgage were executed to fulfill a settlement agreement and attached to that agreement, which contained a broad, valid, and binding arbitration agreement. Defendants' motion to compel arbitration granted.

  • Brennan v. Century Sec. Serv.

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:21-CV-01678

    Discrimination and harassment claims failed where plaintiff did not plead facts showing that male employees were treated more favorably than female employees or that her termination was motivated in any part by her gender, and where a single incident of physical contact did not rise to the level of severe or pervasive harassment or hostile work environment. Defendant's partial motion to dismiss granted.

  • Feno v. Oliver

    Publication Date: 2023-03-27
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:20-CV-02242

    Court declined to dismiss disability discrimination claims arising from police's alleged use of excessive force where plaintiff plausibly alleged that officers used excessive force despite knowing that plaintiff suffered from a severe mental health disability and that the officers were there to escort plaintiff to the hospital for mental health treatment. Defendants' motion for partial summary judgment granted in part and denied in part.

  • Castillo v. Shippensburg Urban Developers, Inc.

    Publication Date: 2022-09-26
    Practice Area: Discovery
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:19-CV-02236

    The court granted a motion to compel depositions where the third-party deponents had canceled depositions at the last minute or simply refused to respond to questioning, but directed the parties to notice each deposition across three related cases in the interest of inefficiency. The district court granted plaintiff's motion to compel.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Harris v. McDonald

    Publication Date: 2022-09-12
    Practice Area: Civil Rights
    Industry: Federal Government | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1033

    U.S. Attorney's Office's rejection of request for records related to criminal prosecution of defendant police officer in §1983 civil claim was not an abuse of discretion where §1983 plaintiff had failed to show that the allegations in the criminal case were relevant or had any connection to his police misconduct claim. Motion to enforce subpoena denied, motion to compel responses to interrogatories denied in part and granted in part.

  • Johnson v. Lutton

    Publication Date: 2022-03-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0340

    Expert's reference to the "standard of care" need not be excluded from testimony where it was frequently used in the medical profession in connection with failure to obtain informed consent and was not likely to confuse jury between negligence and lack of consent. Defendants' motion in limine denied in part and granted in part.

  • Rivas v. CBK Lodge Gen. Partner, LLC

    Publication Date: 2021-08-09
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0905

    Third-party defendant waterslide manufacturer moved to dismiss the third-party complaint filed against it by waterpark in plaintiff's action alleging she was injured on waterslide and court found contract between manufacturer and LLC required mediation and trial court properly denied plaintiff's motion for sanctions. Motion granted, motion denied and complaint dismissed.

  • Blizman v. Travelers Personal Ins. Co.

    Publication Date: 2020-12-14
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1343

    Pursuant to the state high court's ruling in Gallagher v. Geico Indemnity Co., the household vehicle exclusion in the defendant insurer's policy could not be used as a de facto waiver of stacked underinsured motorist coverage when the insured did not formally waive stacking through a statutorily-prescribed UIM coverage waiver. The court denied defendant's motion to dismiss.

  • Belles v. Wilkes-Barre Area Sch. Dist.

    Publication Date: 2020-03-16
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0282

    By resigning on the eve of a meeting with an accessibility company, plaintiff foreclosed the possibility that a factfinder could find that his employer failed to provide a reasonable accommodation for his wheelchair such that plaintiff could perform the tasks required of him. The court granted employer's motion for summary judgment.

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