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  • Stoltie v. Cerilli

    Publication Date: 2024-02-16
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-267

    Defendants moved for summary judgment in inmate's action asserting retaliation and Americans with Disabilities Act discrimination and court found there was no evidence and no genuine issue of material fact to suggest any retaliation and plaintiff proffered no evidence to support his theory that defendants deliberately discriminated against him by placing him in a medical unit. Motion granted.

  • Daimler Trust v. Weng

    Publication Date: 2023-06-26
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Automotive
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22cv1082

    Defendant moved to dismiss plaintiff's claims over a motor vehicle that non-party leased, relinquished to non-party dealership which sold vehicle in a fraudulent transaction and vehicle ended up in defendant's possession and court found there was insufficient evidence in the record to dismiss plaintiff's claims for replevin, conversion and unjust enrichment on statute of limitations grounds but plaintiff failed to establish a prima facie claim for tortious interference or a claim for punitive damages. Motion granted in part and denied

  • James v. Templeton

    Publication Date: 2023-03-27
    Practice Area: Administrative Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:19-CV-00270

    Procedural due process claim arising from downgrading of commercial driver's license denied where state had compelling interest in ensuring safety of commercial drivers and driver was afforded a meaningful post-deprivation hearing by being able to appeal the downgrading to the courts, where he could present evidence and witnesses and cross-examine the state's evidence. Defendant's motion for summary judgment granted.

  • Rivera v. Redfern

    Publication Date: 2023-03-13
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:21-CV-01118

    Corrections officers were entitled to qualified immunity where there was no clearly established right informing officers not to deploy pepper spray in the vicinity of another inmate who suffered from asthma. Defendants' motion for summary judgment granted.

  • Isenberg v. State Farm Fire & Cas. Co.

    Publication Date: 2022-06-13
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0642

    Defendant insurer moved for summary judgment in plaintiff's homeowner's insurance fire claim alleging plaintiff was not using the house as a residence and court found that although plaintiff lived in an apartment while rehabilitating the house, she had regular and habitual ties to the house and it had to be considered one of her residences. Motion denied.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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    View more book results for the query "*"

  • Evans v. Columbia County

    Publication Date: 2020-11-02
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1187

    Pennsylvania Political Subdivision Tort Claims Act could not immunize state or municipal employees from their alleged violations of federal law, such that defendant employees could not obtain dismissal of state wrongful death and survival causes of action based on violations of federal law. Defendants' motions to strike and to dismiss denied.

  • Fabian v. Shenkan

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0317

    Attorney who worked under another attorney was not entitled to recover the fees awarded in a settlement where the parties had no agreement to split legal fees and where it was reasonable for the primary attorney who advanced the costs of the litigation to receive the fee award for his risk. Defendants' motion for summary judgment granted.

  • Guerriero v. Lock Haven Univ. of Pennsylvania

    Publication Date: 2019-08-12
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0944

    Claims of retaliation dismissed on summary judgment where plaintiff had failed to allege facts demonstrating causation between plaintiff's activity and the alleged retaliatory conduct and failed to show that he suffered material adverse employment actions. Defendants' motion for summary judgment granted in part and denied in part.

  • Marsulex Envtl. Tech. v. Selip S.P.A.

    Publication Date: 2019-06-10
    Practice Area: Discovery | Information Governance and Compliance
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0681

    Plaintiff moved for sanctions for defendant's failure to produce discovery and court found defendant did not implement a formal discovery hold and failed to preserve relevant evidence and ordered a forensic investigation of defendant's computer. Motion granted.

  • Ashline v. TriState Envelope Corp., et al

    Publication Date: 2018-12-10
    Practice Area: Family Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1494

    Since plaintiff's divorce decree was not a qualified domestic relations order, which would have been exempt from the anti-alienation provision of the Employee Retirement Income Security Act, she was not a beneficiary under ERISA through her divorce decree. The court granted defendant's motion to dismiss.

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