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  • Sarah Car Care, Inc. v. Logisticare Solutions, LLC

    Publication Date: 2024-01-29
    Practice Area: Contractual Disputes
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1761

    Defendant moved to compel arbitration in plaintiff's action for breach of contract as a third party beneficiary to the medical assistance transportation program agreement, promissory estoppel, unjust enrichment and racial discrimination in violation of §1981 and title VI and court found transportation agreement's arbitration clause was apparent on the face of the complaint and the arbitration clause was enforceable. Motion granted.

  • Mullen v. Astrazeneca Pharm. LP

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

    Case Number: 23-3903

    Defendant moved to dismiss plaintiff's title VII religious discrimination and retaliation claim over his termination for refusing to get a required COVID vaccine and court found plaintiff identified no religious belief that prevented his taking the vaccine and, thus, defendant did not violate Title VII by not providing an accommodation and plaintiff presented no facts to suggest disparate treatment or religious retaliation. Motion granted.

  • Braun v. Philadelphia Inquirer, LLC

    Publication Date: 2023-11-27
    Practice Area: Internet Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-cv-4185-JMY

    Defendant moved to dismiss plaintiffs' consolidated class action complaint for failure to state a claim and lack of subject matter jurisdiction. The court denied the motion, concluding plaintiffs stated claims under the Video Privacy Protection Act and the Pennsylvania Wiretapping and Electronic Surveillance Control Act where they alleged that an online digital content provider disclosed their video watching history to Facebook.

  • Wilson v. City of Philadelphia

    Publication Date: 2023-09-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2057

    Former assistant district attorney and district attorney moved to dismiss plaintiff's civil rights and tort claims, for his 28 years of imprisonment for murders he did not commit, based on coerced and fabricated witness's statements and court found ADA's alleged fabrication and coercion of witness statement implicating plaintiff was a "prosecutorial" activity that was absolutely protected under prosecutorial immunity and DA was immune from supervisory liability. Motion granted.

  • Finello v. Foster Wheeler LLC

    Publication Date: 2023-09-04
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-cv-3584-JMY

    Wrongful death claims under Jones Act failed where decedent left no qualifying surviving family members to give decedent's personal representative standing to pursue claims. Defendants' motion to dismiss granted.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

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

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  • Great Lakes Ins., SE v. Big Joe's Roofing, LLC

    Publication Date: 2023-04-17
    Practice Area: Insurance Litigation
    Industry: Construction | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-cv-1654-JMY

    Court sua sponte dismissed insurer's declaratory judgment action because it required factual findings in dispute in related state court subrogation action, and there would be judicial economy and consistency in judgments by letting the state court resolve the declaratory judgment claim. Case dismissed.

  • United States ex rel. Ellsworth Assoc., LLP v. CVS Health Corp.

    Publication Date: 2023-04-03
    Practice Area: Antitrust
    Industry: Federal Government | Pharmaceuticals | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-2553

    Relator sufficiently asserted violations of the False Claims Act by alleging that pharmacy companies colluded to increase profits by preferring brand-name drugs to the exclusion of generic equivalents to increase the reimbursements obtained from Medicare Part D. Defendants' motion to dismiss denied in part and granted in part.

  • Warner v. Rahns Constr. Material Co., Inc.

    Publication Date: 2023-01-30
    Practice Area: Labor Law
    Industry: Construction | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-00127-JMY

    Defendants moved for summary judgment in plaintiff's action alleging age and disability discrimination and retaliation under the Age Discrimination in Employment Act, Americans with Disabilities Act and Pennsylvania Human Relations Act and court found plaintiff was unable to point to any evidence in the record that would allow a rational factfinder to conclude that discrimination played any part in plaintiff's termination from employment. Motion granted.

  • O'Keefe v. Lehigh Univ.

    Publication Date: 2023-01-23
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-cv-0884-JMY

    Defendants moved for summary judgment in plaintiff's action asserting false arrest and imprisonment, assault and battery and forcible administration of a breathalyzer test by police and breach of contract by university in plaintiff's arrest and expulsion for public drunkenness and court found plaintiff's claims against police failed because he pled guilty to public drunkenness and claims against university failed because he was afforded fundamental fairness in accordance with the terms of the student handbook. Motion granted.

  • Upper Gwynedd Equities, LLC v. Provco Pinegood Sumnytown, LLC

    Publication Date: 2022-12-05
    Practice Area: Antitrust
    Industry: Real Estate | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Younge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-cv-2819-JMY

    Defendants moved to dismiss plaintiffs' antitrust, tortious interference and abuse of process action alleging attempted monopolization of a retail project and wrongful interference with plaintiff's development of a nearby site through a state zoning dispute and court found defendants had probable cause to institute legal proceedings, plaintiffs failed to plausibly allege sham litigation and plaintiffs could not meet the pleading burden to strip defendants of immunity under the Noerr-Pennington doctrine. Motion granted.

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