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Publication Date: 2024-02-09
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1530
Court denied summary judgment dismissal of sex discrimination claim against insurer where there was sufficient evidence to find that insurer relied upon its consultants' determination that plaintiff's facial features did not fall outside the normal appearance of an average female. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-01-29
Practice Area: Employment Litigation
Industry: Biotechnology
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-843
Employer's motion for summary judgment on disability discrimination claim denied where employee presented sufficient evidence, including temporal proximity, to refute employer's claim that employee was terminated for budgetary reasons. Defendant's motion for summary judgment denied.
Publication Date: 2024-01-08
Practice Area: Civil Procedure
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3974
Plaintiff moved to serve defendant by posting a copy of its summons and complaint at defendant's business premises. The court denied the motion where plaintiff's efforts to serve defendant were inadequate.
Publication Date: 2023-11-13
Practice Area: Motor Vehicle Torts
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3061
Plaintiff moved to amend his motor vehicle accident complaint to add an additional defendant and court found Pennsylvania law did not allow an amendment to relate back after the statute of limitations had expired and plaintiff did not show the proposed new defendant had the required notice. Motion denied.
Publication Date: 2023-10-16
Practice Area: Health Care Law
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3277
Defendant moved to bar plaintiffs' qui tam action under the False Claims Act's first-to-file rule and court found this action identified new unrelated defendants in another state that may not have been discovered by the government and added materially to the claims in the first filed case and was not barred by the first-to-file rule. Motion denied.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-09-25
Practice Area: Labor Law
Industry: Manufacturing | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 23-754
Court quashed subpoena issued to plaintiff employee's new employer where the subpoena sought information already provided by the employee and where defendant employer had failed to establish a reasonable likelihood that other information existed. Plaintiff's motion to quash subpoena granted.
Publication Date: 2023-09-25
Practice Area: Whistleblower Laws
Industry: Federal Government | Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 15-5708
Defendants moved to dismiss relator's False Claims Act allegations pursuant to the Act's public disclosure provision. The court denied the motions in part, concluding that relator provided independently gathered information that materially added to the public information sources cited by defendants, and he also was an original source of the information.
Publication Date: 2023-05-22
Practice Area: Employment Litigation
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2311
Defendant moved for summary judgment in plaintiff's age-based employment discrimination action and court found inconsistencies in defendant's assertions about plaintiff's performance, termination of other older employees, and plaintiff's replacement by a much younger employee with no comparison of their qualifications suggested defendant's reasons for terminating plaintiff were pretextual. Motion denied.
Publication Date: 2023-04-24
Practice Area: Labor Law
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 17-5434
Defendant moved to dismiss plaintiff's action asserting she was fired in retaliation for bringing a qui tam action under the False Claims Act and court found plaintiff stated a plausible retaliation claim when she asserted she complained to her supervisors that defendant was providing unnecessary therapy services, her complaints put defendant on notice she was investigating a potential FCA claim and she was fired. Motion denied.
Publication Date: 2023-03-13
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3478
Court issued injunction to return student to his regular school where new evidence demonstrated that student's bipolar and manic-depressive conditions were under control with treatment and that student would suffer irreparable harm if denied the academic and extracurricular opportunities in the regular educational setting. Plaintiff's motion to supplement the record and for temporary injunction granted.
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