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Publication Date: 2024-02-23
Practice Area: Intellectual Property
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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for defendant:
Case Number: 2:23-cv-02880-JDW
Plaintiff moved to amend its complaint to add additional defendants and Lanham Act claims for trademark infringement and unfair competition to its action against defendant former employee who left and took confidential materials to competitor and court allowed amendment but required plaintiff to excise mentions of a false advertising claim. Granted in part.
Publication Date: 2023-10-30
Practice Area: Telecommunications
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:21-cv-02771-JDW
Local exchange carrier could not charge interexchange carriers tariffs for delivering toll-free calls where tariffs could only be legally imposed for services used by end users for which the local exchange carrier charged fees. Defendant's motion for summary judgment granted.
Publication Date: 2023-10-02
Practice Area: Telecommunications
Industry: State and Local Government | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:23-cv-00510-JDW
Communication company moved to dismiss plaintiff's Telephone Consumer Protection Act action over call he received from member of Pennsylvania house of representatives inviting him to a forum and court found plaintiff could not pursue a claim about the use of an automatic telephone dialing system since representative provided a list of numbers and the call did not qualify as a telemarketing call. Motion granted.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 5:21-cv-00957-JDW
Petition-based retaliation claim survived summary judgment where temporal proximity between transfer, which employee viewed as a demotion, and employee's lawsuit was suggestive of a retaliatory animus. Defendants' motion for summary judgment denied in part and granted in part.
Publication Date: 2023-06-19
Practice Area: Privacy
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:22-cv-01520-JDW
Defendants moved to dismiss plaintiff judge's false light invasion of privacy claim based on defendant's article asserting she was "QAnon-linked" and court found that reading the article in a light most favorable to plaintiff, article showed defendants did no real reporting before publishing the story and chose to view the facts in a light unfavorable to plaintiff but nothing showed they knew their description of judge was false or they recklessly disregarded the truth. Motion granted.
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Publication Date: 2023-06-12
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:22-cv-05196-JDW
Company could not enforce arbitration provision against customer when that provision was contained within terms and conditions on the company's website and the company never provided users with any notice of the terms or that they contained an arbitration clause. Defendant's motion to compel arbitration denied, motion to dismiss granted in part and denied in part.
Publication Date: 2023-05-01
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:19-cv-02775-JDW
Defendant moved for a new trial or directed verdict after jury awarded plaintiff compensatory and punitive damages in her Title VII action asserting gender based discrimination and retaliation and court found reasonable jury could find for plaintiff, defendant acted with malice or indifference and the compensatory damage award was reasonable but the punitive damages award exceeded the statutory cap and reduced the punitive damages to $90,000 and ordered remittitur. Motion denied but punitive damages reduced.
Publication Date: 2023-01-02
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:22-cv-02084-JDW
Fair Debt Collection Practices Act claims failed where debtor failed to present evidence showing that debt collector had made false or misleading statements in its communications or had failed to comply with its obligations when attempting to collect debt from debtor. Defendant's motion for summary judgment granted.
Publication Date: 2022-12-19
Practice Area: Legal Malpractice
Industry: Consulting | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:20-cv-04073-JDW
Plaintiff could not prevail on breach of fiduciary duty and injunctive relief claims where it offered no evidence to tie former counsel's limited engagement in another matter to the work she did for the company and failed to demonstrate that counsel used, relied on or disclosed any of its confidential information. The court granted defendant's motion for summary judgment.
Publication Date: 2022-12-05
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
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Case Number: 2:21-cv-04374-JDW
Defendant insurer moved for summary judgment in plaintiff's bad faith action over defendant's conduct after fire damaged plaintiff's party and court found that while defendant's claims process was "by no means perfect," there was no evidence defendant's conduct was negligent, let alone reckless, and plaintiff got the funds defendant owed to it. Motion granted.
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