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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.
Publication Date: 2024-02-02
Practice Area: Contracts
Industry: Financial Services and Banking | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-04387
Defendants moved to dismiss plaintiff's action over a home and mortgage and court found plaintiff sufficiently alleged an oral contract and defendants' statute of limitations defense was not apparent on the face of the complaint but the Loan Interest and Protection Law did not apply to the mortgage because mortgage far exceeded the base amount allowed under the statute. Motion granted in part and denied in part.
Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2815
Defendant moved to dismiss plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act disability discrimination and retaliation and title VII and PHRA gender discrimination and retaliation action based on his termination for allegedly violating company absentee policies when he took time off to care for his sick wife and court found it could reasonably infer that wife's epilepsy could have motivated defendant's termination decision but plaintiff failed to plausibly sustain his disability retaliation and gender cl
Publication Date: 2023-10-09
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22 5190
Court declined to dismiss complaint for lack of specificity as to which allegations applied to specific individual defendants where complaint alleged that all defendants were aware of decedent's mental health issues and suicidal ideation and discovery could further refine the role each defendant allegedly played in decedent's death and the claimed violation of his constitutional rights. Defendant's motion to dismiss denied.
Publication Date: 2023-10-02
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-CV-01281
Defendant commercial property owner moved to dismiss or stay insurer's federal Declaratory Judgment Action asserting no duty to defend or indemnify defendant in a state court personal injury action and court exercised its discretion under the DJA to decline jurisdiction because the relevant parties were all parties to the state court action and could litigate the coverage issue in the court of common pleas. Motion granted.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-09-25
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4080
School district properly evaluated student and offered an appropriate individualized education plan based on evidence supporting a diagnosis of autism spectrum disorder, where any procedural irregularities in testing due to the COVID-19 pandemic did not create a substantive violation. Defendant's cross-motion for judgment on the administrative record granted.
Publication Date: 2023-09-25
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1560
Court approved Fair Labor Standards Act settlement since it mitigated employee's risk of losing the case at trial due to employer's statutory defense to overtime claim. Parties' motion for approval of settlement granted.
Publication Date: 2023-08-07
Practice Area: Wage and Hour Litigation
Industry: Distribution and Wholesale | Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 20-cv-3881-GJP
Plaintiffs who owned and operated individual product distribution territories were independent contractors rather than employees of defendant food manufacturer. The court therefore granted summary judgment in favor of defendant on plaintiffs' putative class action claim alleging violations of Pennsylvania's Wage Payment and Collection Law.
Publication Date: 2023-05-29
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3313
Defendant school district moved for summary judgment on plaintiff's claims of racial and gender discrimination in employment. Court granted defendant's motion.
Publication Date: 2023-04-24
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5653
Hearing officer properly found school district offered student a free appropriate public education under the Individuals with Disabilities Education Act and his parents failed to carry their burden of proof on their claim for tuition reimbursement for student's unilateral private school placement. Affirmed.
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