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Publication Date: 2024-02-16
Practice Area: Real Estate
Industry: E-Commerce | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1379
Defendant moved to dismiss and/or to compel arbitration in plaintiff's action for damages and lost rental income after guest barricaded himself in plaintiff's apartment and court found Airbnb purposefully availed itself of doing business in Pennsylvania," the arbitration clause was valid and it properly delegated questions of arbitrability to the arbitrator. Motion granted in part and denied in part.
Publication Date: 2024-01-29
Practice Area: Contracts
Industry: Education | Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3139
Indemnification clause that expressly exempted indemnification for third-party beneficiary's sole negligence was sufficiently specific to permit beneficiary to seek indemnification for underlying injury claim caused by its partial negligence. Plaintiff's motion for summary judgment granted in part, defendant's motion for summary judgment granted in part.
Publication Date: 2023-11-13
Practice Area: Contractual Disputes
Industry: Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-811
Both parties moved for partial summary judgment and defendant hotel moved to exclude plaintiff's expert witnesses in action over contract for hotel rental for a religious event and court denied plaintiff's motion for partial summary judgment, granted hotel's motion in part leaving open questions of liability for breach of contract and the amount of damages and precluding testimony of two experts. Motion granted in part, denied in part.
Publication Date: 2023-11-13
Practice Area: Personal Injury
Industry: Federal Government | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2990
Government moved for partial summary judgment on the issue of damages for lost wages or lost income potential in plaintiff's negligence action and court found government advanced no authority to show that lost wages or lost earning potential were entirely foreclosed by plaintiff's decision not to seek work. Motion denied.
Publication Date: 2023-11-06
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 23-507
School district moved to dismiss plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act claims alleging unlawful termination and court found plaintiff's complaint was untimely on its face but granted leave to amend because plaintiff alleged the date she gave in the complaint for her Equal Employment Opportunity Commission filing was incorrect. Motion granted.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-30
Practice Area: Contractual Disputes
Industry: Agriculture | Distribution and Wholesale | Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 23-145
Plaintiff moved to transfer venue to the northern district of California in its breach of contract and negligent misrepresentation action and court noted the parties' contract provided for Pennsylvania as the forum, the public interest factors favored Pennsylvania and found plaintiff's contract claims were barred by the one-year limitations period and its tort claims were barred by the gist of the action doctrine. Motion to transfer denied, motion to dismiss granted.
Publication Date: 2023-10-09
Practice Area: Contractual Disputes
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4131
Defendant moved to dismiss plaintiff's breach of contract, negligent misrepresentation, fraud in the inducement and tortious interference with contract action after wrong truck was delivered late and court found plaintiff lacked standing for the breach of contract or fraudulent inducement claims, negligent misrepresentation was barred by the gist of the action doctrine and the tortious interference claim was inadequately pled. Motion granted.
Publication Date: 2023-09-04
Practice Area: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-864
Police officer was denied qualified immunity on excessive force claim where bodycam footage created genuine issues of material fact as to the necessity for the officer to strike a suspect in the head as he and other officers were subduing the suspect. Defendant's motion for summary judgment denied.
Publication Date: 2023-06-19
Practice Area: Products Liability
Industry: Manufacturing | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4427
Motion to remand denied where flea market was fraudulently joined to product liability action as flea markets owed no duty regarding the sale of potentially dangerous or recalled products by vendors at their facility. Plaintiff's motion to remand denied.
Publication Date: 2023-05-22
Practice Area: Contracts
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-811
Implied warranty of habitability would not apply in the context of an event contract between a hotel and a catering company. Defendant's motion for partial judgment on the pleadings granted.
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