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  • Oross v. Kutztown Univ.

    Publication Date: 2024-01-22
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5032

    Plaintiff moved for partial reconsideration in his action alleging claims under the Rehabilitation Act for failure to accommodate, disability discrimination, disparate impact, retaliation and interference and §1983 claims when he was denied the accommodation of remote teaching in 2021 after his heart transplant required him to use immunosuppressive medications which placed him at a higher risk from COVID-19 and court found university's full-time full-duty-policy had an adverse impact on him but that there was no cause of action under

  • Lehigh Gas Wholesale, LLC v. Breaktime Corner Mkt., LLC

    Publication Date: 2024-01-08
    Practice Area: Contractual Disputes
    Industry: Energy | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-953

    Defendants moved to dismiss plaintiff's declaratory judgment action regarding a franchise for lack of personal jurisdiction and court found defendants were, in effect, "passive" buyers of the unilateral decision made by Circle K and plaintiff to assign the franchise agreement to plaintiff and court transferred the case to Texas. Motion granted and case transferred.

  • Rose v. Microchip Tech., Inc.

    Publication Date: 2023-10-09
    Practice Area: Labor Law
    Industry: Electronics | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-4352

    Defendant moved for an independent medical examination in plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act action asserting she was fired due to her disability and court found plaintiff placed her mental health condition in controversy, defendant showed good cause for its request to conduct an IME and court denied a protective order limiting the scope of plaintiff's deposition to exclude any inquiry into the origins of her post traumatic stress disorder. Motion granted, motion denied.

  • Brandywine Vill. Assoc. v. Carlino E. Brandywine, L.P.

    Publication Date: 2023-08-28
    Practice Area: Litigation
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-5209

    Defendants moved to dismiss plaintiff's complaint on the ground that state court rulings precluded plaintiff's claims under the doctrine of Noerr Pennington immunity. The court granted the motion.

  • Chadwick v. Norfolk S. Ry. Co.

    Publication Date: 2023-07-31
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3991

    Court denied employer's motion for summary judgment without prejudice to employee providing requested medical documentation, since employee was merely placed on medical hold and was not disqualified or terminated from work. Defendant's motion for summary judgment denied in part and granted in part.

  • Law Journal Press | Digital Book

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  • Phillips v. Penske Truck Leasing Co., L.P.

    Publication Date: 2023-04-10
    Practice Area: Civil Procedure
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1889

    Defendant moved to have plaintiff's putative Fair Labor Standards Act collective action transferred to the Eastern District of Texas and court found judicial economy and the interests of justice favored keeping the case before this court because under developing case law, a Texas court might lack jurisdiction over many or all of the opt-in plaintiffs. Motion denied.

  • A.T. v. Oley Valley Sch. Dist.

    Publication Date: 2023-03-06
    Practice Area: Damages
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-4983

    Pursuant to the U.S. Supreme Court's decision in Cummings v. Premier Rehab Keller, P.L.L.C., plaintiffs could not recover compensatory damages for emotional distress based on claims brought under Title IX of the Education Amendments, §504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The court granted in part defendant's motion for summary judgment.

  • Baxter Healthcare Corp. v. B. Braun Med. Inc.

    Publication Date: 2022-10-03
    Practice Area: Patent Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-5659

    Under applicable Delaware law, fraud claims could not be asserted to evade settlement agreement that included non-reliance clause where the alleged fraud did not relate to any provisions of the settlement. Defendants' motion to dismiss granted.

  • Bernard v. Radius Global Solutions, LLC

    Publication Date: 2022-06-13
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0654

    The court dismissed plaintiff's claim that defendant used deceptive means to attempt to collect a debt where the letter defendant sent to plaintiff complied with the Fair Debt Collection Practices Act and did not raise any "overshadowing" or "inconsistency" issues. The court granted defendant's motion for summary judgment.

  • Marcus v. Truist Fin. Corp.

    Publication Date: 2022-06-06
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0629

    Defendants moved to dismiss plaintiff's breach of contract and breach of fiduciary duty action over the operation of management services provided for his investment portfolio and court found plaintiffs allegations of new advisors not answering his communications, a new investment strategy that was contrary to his investment goals and significant decline in trading sufficiently stated a plausible claim for relief. Motion dismissed.

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