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  • Truesdale v. Albert Einstein Healthcare Network

    Publication Date: 2024-02-16
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1597

    Defendants moved for summary judgment in plaintiff's Americans with Disabilities Act, Pennsylvania Human Relations Act and Philadelphia Fair Practice Ordinance action based on her termination for refusing a COVID-19 vaccination and court found there was a genuine issue dispute as to whether plaintiff had a disability, whether she was a qualified individual and whether defendants engaged in an interactive process but her retaliation claim failed because she failed to prove any retaliatory motive by defendants and defendants articulated

  • Tartikoff v. USAA Cas. Ins. Co.

    Publication Date: 2023-09-25
    Practice Area: Insurance Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1590

    Insurer moved to dismiss plaintiff's bad faith claim over insurer's denial of uninsured motorist benefits after plaintiff bicyclist was hit and injured by an uninsured motorist and court found plaintiff failed to state a plausible claim of bad faith. Motion granted.

  • Harris v. Krasner

    Publication Date: 2023-06-05
    Practice Area: Employment Litigation
    Industry: Legal Services | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-839

    Defendants moved to dismiss plaintiff police officer's §1983 action alleging her free speech rights and procedural due process rights had been violated by DA's failure to remove an Internal Affairs Division complaint from her personnel file and by placing her on a do not call list of officers that were not to be used as witnesses in trials and court found DAs had absolute and high public official immunity and plaintiff failed to show a constitutional violations as to city. Motions granted.

  • Young v. SEPTA

    Publication Date: 2023-05-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-4375

    Defendant moved to dismiss plaintiff's Whistleblower Law and §1981 reverse race discrimination action and court found there was a genuine dispute of material fact as to whether the Whistleblower Law was violated but the §1981 reverse race discrimination claim failed because plaintiff did not identify a policy, custom or deliberate indifference by defendant. Motion denied in part and granted in part.

  • Thompson v. Ikea US Retail, LLC

    Publication Date: 2023-05-15
    Practice Area: Labor Law
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5288

    Defendant moved for summary judgment in plaintiff's Family and Medical Leave Act action asserting interference with her FMLA rights and retaliation and court found a reasonable factfinder could find that defendant interfered with plaintiff's rights and retaliated against her when she was fired two and a half months after telling her manager she needed to schedule time off for surgery. Motion denied.

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  • Campbell v. Royal Bank Supplemental Executive Ret. Plan

    Publication Date: 2023-01-16
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking | Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-798

    The district court, which found in favor of plaintiff on his underlying ERISA claims against defendant, refused to stay plaintiff's motion for attorney fees while defendant's appeal was pending as the court was not divested of jurisdiction to determine such an application for attorney fees. The court granted plaintiff attorney fees.

  • Mir v. Brod

    Publication Date: 2022-11-28
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:17-cv-04956

    Defendant state medical boards in Pennsylvania, New York and California, members of the state boards, hospitals and doctors moved to dismiss plaintiff's action for tort claims and for an injunction over the revocation of his medical license and court found sovereign immunity, claim preclusion and issue preclusion barred his claims. Motions granted.

  • Campbell v. Royal Bank Supplemental Executive Ret. Plan

    Publication Date: 2022-09-26
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-798

    Defendant disregarded the express language of a supplemental executive retirement plan by paying the plaintiff a lump sum calculated using an actuarial equivalent discount rate upon a change of control, as the plan specifically stated that if a rabbi trust had been established, it must be funded using the 5-Year U.S. Treasury Note rate. The district court entered judgment for plaintiff.

  • Arcuri v. PrimeCare Med., Inc.

    Publication Date: 2022-09-12
    Practice Area: Expert Witnesses
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1037

    Plaintiffs' medical witness was qualified to testify in this suit alleging medical negligence and civil rights violations as the expert's credentials were demonstrated in a curriculum vitae, even though the expert may not have been the "best" qualified to testify about the medical standard of care in a state correctional facility. The district court denied defendant's motion to preclude.

  • Price v. Steinmetz

    Publication Date: 2022-08-01
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0862

    Confidential informants had clearly established right not to be subject to unreasonable actions by law enforcement that would put informant in danger, and officers' decision to immediately arrest target following controlled buy could have tipped off target to believe he was set up by informant. Defendants' motion for summary judgment denied.

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