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Palmer v. York County

Publication Date: 2021-02-22
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0195

Prison guards moved for judgment on the pleadings in administratrix's action over death of decedent while in county prison and court found discovery was required to determine when guards had notice of the action. Motion denied.
Bachtell v. General Mills, Inc.

Publication Date: 2020-09-07
Practice Area: Personal Injury
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0959

In this case filed by the parents of a minor son who died from choking on an icing dispenser cap, the tortfeasor factors overwhelmingly weighed in favor of finding that the manufacturer defendants and medical malpractice defendants were not joint tortfeasors. The court granted a motion to dismiss the manufacturer defendants' contribution claims.
Pritchett v. Alternative Bearings Corp.

Publication Date: 2020-06-15
Practice Area: Contractual Disputes
Industry: Distribution and Wholesale
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0619

Defendant moved to dismiss or transfer venue in plaintiff's contract and Pennsylvania state law action asserting defendant failed to pay commissions, bonuses and salary owed to plaintiff at the time of her resignation and court found it had jurisdiction over Illinois corporation defendant and president of corporate defendant but that transfer of venue to Illinois would serve the interests of justice.
Kabler v. United Food & Commercial Workers Union

Publication Date: 2020-04-13
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0390

Plaintiff's complaint arising from his alleged forced membership in the union not dismissed on summary judgment where there were factual disputes as to whether the public union acted under color of state law and the substance of the union's communications to plaintiff. Plaintiff's motion for summary judgment denied; defendants' motion for summary judgment granted in part and denied in part.
Barosh v. Ramirez

Publication Date: 2020-02-10
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0126

Plaintiff could not maintain claims against two municipal employees or the Philadelphia District Attorney's Office where his amended complaint did not identify any unconstitutional municipal policy or custom that allegedly caused his injuries or any facts suggesting that his injuries were caused by a failure or inadequacy by the municipality. The court granted defendant's motion to dismiss.
United States v. Hall

Publication Date: 2019-11-25
Practice Area: Evidence
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1392

Defendant made pretrial motions to suppress voice identifications and bank records and dismiss identify theft counts in his trial for money laundering, identity theft and mail fraud and court found voice identification was allowed under F.R.E. 901 as opinion evidence, the subpoena was sufficient to obtain his bank records and the counterfeit DD 214 forms defendant submitted qualified as a "means of identification." Motions denied.
Brown v. Priority Health Care Group, LLC

Publication Date: 2019-10-14
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1198

Plaintiff failed to allege enough facts to support an inference that defendants' enforcement of its policy, barring requests for leave under the Family and Medical Leave Act made less than three hours before a shift, was done in retaliation to her requesting leave under the FMLA. The court granted defendants' motion to dismiss.
Bachtell v. Gen. Mills, Inc.

Publication Date: 2019-10-14
Practice Area: Products Liability
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 191197

The district court allowed defendant manufacturer to seek indemnification from third-party defendant on implied warranty claims asserted by plaintiff as it predicted that the state's high court would conclude that, in the context of indemnification, implied warranties sound in tort. The court denied third-party defendant's motion to dismiss in part.
Griffin v. Malisko

Publication Date: 2018-11-13
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1354

Defendants, correctional facility unit manager and correctional officer, moved to dismiss inmate's action asserting they retaliated against him for a letter he sent complaining about the officer and the court found plaintiff did not satisfy the adverse action element of his retaliation claim because his transfer from one cellblock to another similar cellblock was insufficient to deter a person of ordinary firmness from exercising his constitutional rights, his allegation of the loss of his job showed adverse action but he did not name
Finefrock v. Five Guys Operations, LLC

Publication Date: 2018-10-09
Practice Area: Civil Rights | Employment Litigation
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Rambo
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1206

The court granted plaintiffs' motion for conditional collective action certification in their action asserting that female restaurant managers were paid less than male managers in violation of the equal pay act because plaintiffs sufficiently provided a factual showing that defendant could be considered a single establishment under the EPA and showed that plaintiffs at times earned less than their alleged male counterparts. Motion granted.

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