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Publication Date: 2024-02-09
Practice Area: Intellectual Property
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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for defendant:
Case Number: 19-513
Defendant moved to bifurcate the parties' trademark action into discrete liability and damages phases and court found disgorgement was an equitable remedy, court alone had to power to determine what equitable damages, if any, plaintiff would receive and bifurcation might improve juror comprehension. Motion granted.
Publication Date: 2024-01-29
Practice Area: Insurance Litigation
Industry: Financial Services and Banking | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 22-030
Defendant insurer sought reconsideration of the court's denial of its summary judgment motion in plaintiff insured's breach of contract case. The court denied relief on reconsideration but issued an opinion expanding on its analysis of the controlling Selko test.
Publication Date: 2023-12-18
Practice Area: Insurance Law
Industry: Financial Services and Banking | Insurance | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 22-030
Material dispute over company's subjective knowledge of the scope or potential scope of an investigation into its financial reporting precluded summary judgment in favor of D&O insurer on breach of contract claim. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2023-12-18
Practice Area: Trade Secrets
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 22-3951
Bank defendants in plaintiff's fraudulent concealment, trade secret misappropriation, tortious interference with contractual relationships and inducement of breach of the duty of loyalty action argued court lacked personal jurisdiction over them and venue was improper and court found the "closely related party" doctrine applied, it had jurisdiction and venue was proper. Motion denied.
Publication Date: 2023-11-27
Practice Area: Employment Litigation
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 23-279
Mercedes USA moved to dismiss plaintiff's title VII disparate treatment, hostile work environment and retaliation action against Mercedes USA and dealership that she worked for and court found plaintiff sufficiently alleged facts to show Mercedes USA was a joint employer and the complaint was not improper "shotgun pleading." 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: Civil Rights
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 22-4419
Civil rights claims arising from improper reincarceration based on incorrect status sheet failed where plaintiff failed to allege defendants' personal involvement in his reincarceration or their awareness of the risk of unlawful reincarceration. Defendants' motions to dismiss granted.
Publication Date: 2023-11-06
Practice Area: Labor Law
Industry: Federal Government | Legal Services | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 18-1194
Secretary of Labor moved to amend or alter judgment to include liquidated damages in Fair Labor Standards Act action over showering and changing time for which uniformed employees were compensated and court found liquidated damages were not appropriate because defendant carried its "plain and substantial burden" of showing its FLSA violation was in good faith and its belief that it complied with the FLSA was objectively reasonable. Motion denied.
Publication Date: 2023-10-30
Practice Area: Mass Torts
Industry: Financial Services and Banking | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 19-6019
Parties moved for approval of their preliminary settlement agreement in financial institutions class action over hacked store system that allowed theft of payment card data and court found the requirements for class certification were met, approved the notice and found the Girsh and Prudential factors weighed in favor of approval. Motion granted.
Publication Date: 2023-09-11
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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for defendant:
Case Number: 22-2221
Hotel/restaurant owner was not entitled to property insurance coverage where coverage was predicated on direct physical damage or loss and shutdowns required by the COVID-19 pandemic did not constitute physical damage or loss. Defendant's motion to dismiss granted.
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
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Case Number: 21-3220
Supervisor and city moved to dismiss plaintiff's §1983, title VII and Pennsylvania Human Relations Act claims alleging sexual harassment, due process violations and retaliation and court found plaintiff did not establish she was deprived of a protected liberty or property interest; she was not terminated, demoted, transferred or suspended; she did not suffer any adverse employment actions and pointed to no actions that qualified as retaliation and supervisor's alleged verbal sexual harassment was not egregious enough to shock the cons
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