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  • Chase v. Kriger Constr., Inc.

    Publication Date: 2024-03-29
    Practice Area: Class Actions
    Industry: Construction
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2021 CV 5174

    Plaintiff filed an unopposed motion for final approval of a class action settlement and related matters. The court granted the motion where the settlement amount was reasonable in light of plaintiff's novel theory of recovery, which presented an issue of first impression on calculation of overtime compensation under the Minimum Wage Act, and all other class action criteria were satisfied.

  • Sorace v. Wells Fargo Bank, N.A.

    Publication Date: 2024-03-01
    Practice Area: Class Actions
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 204318

    Plaintiffs moved for approval of the settlement in plaintiffs' class action asserting defendant violated Pennsylvania law by using deficient disclosure notices and practices in repossessing plaintiffs' vehicles and court found the Fed.R.Civ.P. 23(e)(2) and Girsh factors supported the settlement, the distribution was fair, reasonable and adequate as was the attorney fee and named plaintiff incentive awards. Motion granted.

  • Fuentes v. Jiffy Lube Int'l, Inc.

    Publication Date: 2024-01-01
    Practice Area: Class Actions
    Industry: Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-5174

    Court denied motion to intervene in class action as untimely where the motion was filed following preliminary approval of a settlement that restricted and excluded movant from the class definition, and where motions to intervene early in litigation would enable the court to determine the plaintiff(s) best suited to represent the class. Motion to intervene denied.

  • Cockerill v. Corteva, Inc.

    Publication Date: 2023-12-04
    Practice Area: Class Actions
    Industry: Chemicals and Materials | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3966

    Class action plaintiffs filed suit for alleged ERISA violations arising out of a corporate restructuring, seeking clarification relief or, alternatively, equitable relief to restore retirement benefits due to them before the corporate transactions. Having previously determined that the requirements of class certification had been met, and that one or more classes would be certified, the court entered its opinion setting out the exact class definitions.

  • Bombin v. Sw. Airlines Co.

    Publication Date: 2023-10-02
    Practice Area: Class Actions
    Industry: Aerospace | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:20-cv-01883-JMG

    Court denied class certification due to class action waiver in airline's terms and conditions, where airline's website provided sufficient notice that passengers would be subject to the terms and conditions and provided passengers purchasing tickets with direct access to the terms. Plaintiffs' motions for class certification and to exclude defendant's expert report denied.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Drummond v. Progressive Specialty Ins. Co.

    Publication Date: 2023-09-18
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-4479

    Court granted class certification in action challenging automobile insurer's calculation of actual cash value for totaled vehicle, where the primary issue in the case involved the common question of the propriety of the insurer's use of "projected sold adjustments" in its calculations. Plaintiffs' motion for class certification granted, defendants' cross-motions to exclude experts denied.

  • Wolff v. Aetna Life Ins. Co.

    Publication Date: 2023-09-04
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-8056

    District court's reconsideration order made no material changes to the class certification order entered in May 2022 and thus, defendant's rule 23(f) motion filed within 14 days of the reconsideration order but 195 days after the class certification order was not timely. Motion denied.

  • Wolff v. Aetna Life Ins. Co.

    Publication Date: 2023-08-28
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: John P. Elliott, Kyle M. Elliott, Stewart J. Greenleaf, Jr., Mark J. Schwemler, Elliott Greenleaf, Blue Bell, PA for petitioner.
    for defendant: Charles Kannebecker, Milford, PA for respondent.
    Case Number: 22-8056

    The issue before the court was when the timeframe for filing an interlocutory appeal of a class certification order could be extended under Federal Rule of Civil Procedure 23(f), which authorizes interlocutory review of orders "granting or denying class-action certification" of petitions filed within 14 days of the order. Here, petitioner filed a Rule 23(f) petition 14 days after the district court had revised its class certification order but months after the original order certifying the class. Respondent, who had received disabilit

  • Packer v. Glenn O. Hawbaker, Inc.

    Publication Date: 2023-06-26
    Practice Area: Class Actions
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:21-CV-01747

    Plaintiffs moved for class certification in their ERISA putative class action and court found that by tethering their claims to the criminal complaint brought by the Pennsylvania attorney general against defendant for theft, to which defendant pled no contest, plaintiffs met their obligations under rule 23. Motion granted.

  • Bombin v. Sw. Airlines Co.

    Publication Date: 2023-04-17
    Practice Area: Class Actions
    Industry: Aerospace | Travel and Tourism
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:20-cv-01883-JMG

    Defendant filed a Daubert motion to exclude testimony of plaintiffs' expert witness. The court denied the motion because the expert's testimony and opinion were sufficiently reliable and relevant at the present stage of the litigation.