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Publication Date: 2024-02-23
Practice Area: Real Estate
Industry: Consulting | State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge McHugh
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Case Number: 2022-06214
The court justified its order overruling condemnee Virtus Capital Advisor's preliminary objections to condemnor PennDOT's declaration of taking under the Eminent Domain Code, 26 Pa.C.S. §101, et seq.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 21-5280
Family and Medical Leave Act interference claim was plausible where there were genuine issues of material fact as to whether proposed reassignment following return from leave was substantially equivalent to prior role. Defendants' motion for summary judgment granted in part and denied in part, plaintiff's motion for partial summary judgment denied.
Publication Date: 2023-12-11
Practice Area: Privacy
Industry: Education | Non-Profit | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-1115
Defendant moved for dismissal of plaintiff professor's false light invasion of privacy claim based on defendant's article reposting plaintiff's tweets and alleging plaintiff was the "Antisemite of the Week" and court found the article was an expression of opinion, the republished tweets did not imply the presence of undisclosed facts about plaintiff of a defamatory nature and the first amendment required dismissal of the claim. Motion granted.
Publication Date: 2023-12-04
Practice Area: Antitrust
Industry: Insurance | Pharmaceuticals | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-828
Third-party purchaser adequately pled antitrust injury against pharmaceutical company by alleging that it used loyalty conditions and bundled pricing to dissuade competition for one of its vaccines and thereby kept the price of that vaccine artificially inflated. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2023-11-13
Practice Area: Tax
Industry: Federal Government | Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 20-211
Both parties sought adjustments to portions of the presentence investigation reports after defendants pled guilty to conspiracy to defraud the United States and court found it defied belief for one defendant to assert he lacked the mental capacity to understand the systemic and substantial underreporting of payroll taxes and diversion of funds, agreed with probation officer's calculation of the payroll and income tax losses and found the estimate of loss was realistic. Motion granted and denied.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-11-06
Practice Area: Personal Injury
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 22-2159
Defendant tractor trailer owner moved for summary judgment as to plaintiff's punitive damages and direct liability claims for negligent entrustment, supervision, hiring and retention arising from a collision and court found there was nothing to form a basis for punitive damages, evidence of corporate negligence was minimal and defendant admitted truck driver was acting in the scope of his employment. Motion granted.
Publication Date: 2023-10-16
Practice Area: Insurance Law
Industry: Entertainment and Leisure | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-2354
Claims administrator moved to dismiss plaintiffs' action in an insurance coverage dispute and court found that plaintiffs' own allegations established that the one-year time bar in the parties' contract expired before plaintiffs filed their complaint. Motion granted.
Publication Date: 2023-10-02
Practice Area: Wrongful Death
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-3005
Court remanded wrongful death case to state court where plaintiff's citation to federal trucking regulations did not confer federal question jurisdiction as those regulations merely served as evidence of defendants' alleged negligence rather than implicating federal law. Plaintiff's motion to remand granted.
Publication Date: 2023-09-18
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-1210
Student plausibly alleged contract and Americans with Disabilities Act claims when school required him to withdraw while enrolled in an alternative disciplinary program designed to rehabilitate students with substance abuse problems. Defendants' motion to dismiss granted in part and denied in part.
Publication Date: 2023-08-28
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-299
Student plausibly alleged breach of contract claim against college when student was permanently removed from athletic team even though college declined to open Title IX investigation into sexual assault allegations levied against student. Defendants' motion to dismiss granted in part and denied in part.
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