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Jaludi v. Citigroup

Publication Date: 2019-08-19
Practice Area: Dispute Resolution | Labor Law
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0973

Sarbanes-Oxley whistleblower claims not subject to arbitration where precluded by Dodd-Frank and where parties superseded their arbitration agreement with clause exempting all claims not arbitrable by law from the scope of the agreement. Order of the district court reversed, case remanded.
Caesars Ent. Corp. v. Int'l. Union of Operating Eng'rs Local 68 Pension Fund

Publication Date: 2019-08-19
Practice Area: Labor Law
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0967

The district court properly found that the defendant employer was not liable under the "bargaining out" provision of the Multiemployer Pension Plan Amendments Act after closing one of its four Atlantic City casinos since employer continued to contribute to the union's pension fund for union work still ongoing at the remaining casinos. The appellate court affirmed.
Haney v. Brennan

Publication Date: 2019-08-19
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0970

Race and gender employment discrimination claims failed where plaintiff failed to present comparator evidence and where employer presented evidence of a non-discriminatory reason for plaintiff's termination that plaintiff failed to demonstrate was pretextual. Defendants' motion to dismiss granted.
Guerriero v. Lock Haven Univ. of Pennsylvania

Publication Date: 2019-08-12
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Schwab
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0944

Claims of retaliation dismissed on summary judgment where plaintiff had failed to allege facts demonstrating causation between plaintiff's activity and the alleged retaliatory conduct and failed to show that he suffered material adverse employment actions. Defendants' motion for summary judgment granted in part and denied in part.
Henley v. Brandywine Hosp., LLC

Publication Date: 2019-08-12
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0946

Race discrimination claims not dismissed where plausibly-pled hostile work environment could constitute an adverse employment action. Defendant's motion to dismiss granted in part and denied in part.
Exeter Twp. v. Pennsylvania Labor Relations Bd.

Publication Date: 2019-08-05
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0906

Because the Municipalities Planning Code did not expressly establish that zoning officers were required to direct the implementation of policy or could exercise independent discretion to implement policy, a municipality could not withdraw the zoning officer from the collective bargaining unit where it failed to present evidence of actual job duties. Order of the commonwealth court reversed.
Millcreek Twp. Sch. Dist. v. Millcreek Twp. Educ. Support Personnel Ass'n

Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0877

Commonwealth court erred in substituting its interpretation of the parties' collective bargaining agreement for that of an arbitrator's interpretation where the essence test under the Public Employees Relations Act required the courts to defer to the arbitrator's findings of fact, which demonstrated that the arbitrator's interpretation was rationally derived from the CBA. Order of the commonwealth court reversed.
DeForte v. Borough of Worthington

Publication Date: 2019-07-29
Practice Area: Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0874

The Borough Code and the Tenure Act were to be read in pari materia such that borough police forces would be governed by either statute and membership of an officer in such police force would be governed under the same standards for both statutes. Matter returned.
Grimm v. Crane Room Grille, Inc.

Publication Date: 2019-07-22
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0842

Plaintiff's gender discrimination complaint timely where defendant failed to present evidence to overcome plaintiff's prima facie evidence that her EEOC charge was filed within the statutory deadline and that her complaint was filed within 90 days after receipt of a right-to-sue letter. Motion to dismiss denied.
Jones v. Children's Hosp. of Philadelphia

Publication Date: 2019-07-22
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0844

Pregnancy discrimination and retaliation claims dismissed where plaintiff failed to allege any evidence demonstrating employer's animus towards plaintiff's pregnancy and failed to allege sufficient evidence to establish a causal link between plaintiff's requests for accommodation and her termination. Defendant's motion for summary judgment granted in part and denied in part.

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