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Publication Date: 2024-03-01
Practice Area: Business Torts
Industry: Consumer Products
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3984
Plaintiff brought a shareholder derivative action against defendants for usurpation of corporate opportunity and related claims. The court found in favor of plaintiff upon trial, concluding plaintiff's son, as majority shareholder in the family business, usurped corporate opportunity and breached his fiduciary duties by unilaterally diverting a project from the family business to his own company.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Education | Recruitment and Staffing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1937
Defendant school district moved to dismiss claimant's title VII and Pennsylvania Human Relations Act complaint alleging race discrimination and retaliation and court found claimant had not satisfied the PHRA's exhaustion requirements but did satisfy title VII's administrative prerequisites, claimant sufficiently alleged an employment relationship with defendant and staffing agency was not a necessary party. Motion dismissed.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2847
Although jury incorrectly found the existence of a contract where such contract would be barred by the statute of frauds, defendant failed to properly seek relief in the form of a new trial. Plaintiff's post-trial motion denied in part and granted in part.
Publication Date: 2023-10-23
Practice Area: Civil Rights
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2806
Defendant moved for summary judgment in plaintiff's action for discrimination and retaliation in violation of the Americans with Disabilities Act, title VII, and the Pregnancy Discrimination Act and court found the ADA did not apply to the United States, evidence did not support her claim for disability/retaliation discrimination under the Rehabilitation Act but sufficient evidence warranted submitting her title VII retaliation claim to a jury. Motion granted in part and denied in part.
Publication Date: 2023-08-07
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5538
Hearing officer properly found plaintiff charter school was the appropriate stay put placement for student and student was entitled to compensatory education for the 2019-2020 school year because student was denied a free appropriate public education that year but was not denied an FAPE for the 2020-2021 school year. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-05-22
Practice Area: Contractual Disputes
Industry: Distribution and Wholesale | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3354
Defendant moved to dismiss on res judicata grounds or stay plaintiff's action asserting trademark infringement, unfair competition and false designation of origin, common law trademark infringement and unfair competition and violation of the Unfair Trade Practices and Consumer Protection Law and court found the alleged facts and wrongdoings were substantially the same in both this federal case and plaintiff's pending state action and abstention was appropriate as to the common law unfair competition claim. Motion granted.
Publication Date: 2023-05-15
Practice Area: Creditors' and Debtors' Rights
Industry: Education | Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2128
Due process claims arising from denial of federal student loan discharge application denied where application failed to include required documentation and DOE remained willing to further consider the application with additional information. Defendants' motion to dismiss granted.
Publication Date: 2023-04-17
Practice Area: Civil Rights
Industry: Construction | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1667
Parties moved for summary judgment in plaintiff's action asserting city's diversity and inclusion goals in its project labor agreements violated plaintiffs' equal protection rights and court found plaintiffs had not shown they suffered or would suffer any differential treatment due to city's goals. Plaintiffs' motion denied, defendant's motion granted.
Publication Date: 2023-03-06
Practice Area: Bankruptcy
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-854
Bankruptcy court properly found creditor not in contempt of discharge order where creditor was not informed of bankruptcy and debtor's post-discharge efforts to pay off the debt created reasonable basis for creditor to believe debt had not been discharged. Order of the bankruptcy court affirmed.
Publication Date: 2023-02-27
Practice Area: Products Liability
Industry: Consumer Products | Manufacturing | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4588
Claim for breach of implied warranty of fitness for particular purpose dismissed where plaintiffs failed to identify any "particular purpose" they represented to the seller when purchasing the alleged faulty product. Defendants' partial motion to dismiss granted in part and denied in part.
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