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Publication Date: 2024-03-01
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-0263
Court erred in dismissing religious failure to accommodate claim where employee presented prima facie evidence that she had a religiously connected, sincerely held objection to receiving COVID-19 vaccines. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3666
Plaintiff moved to remand his breach of contract and bad faith action and court found insurer timely removed the case because it removed the action within 30 days of service of the complaint, which was the "initial pleading," and neither 28 U.S.C. §1446(b)(3) nor 28 U.S.C. §1446(c)(1) applied. Motion denied.
Publication Date: 2024-01-01
Practice Area: Insurance Litigation
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3264
Defendant insurer moved to dismiss plaintiff's bad faith claim based on defendant's refusal to cover a loss because the property had been vacant for more than 60 days prior to the date of loss and court found the complaint lacked factual allegations to support the bad faith claim. Motion granted.
Publication Date: 2023-10-16
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3205
Plaintiff insurer owned no duty to defend or indemnify defendant contractor in action brought by injured employee of subcontractor because the "Injured Worker Exclusion" in the policy was not ambiguous, it did not render the policy illusory and policy coverage was not triggered by injured worker's underlying lawsuit. Judgment on the pleadings granted.
Publication Date: 2023-10-16
Practice Area: Personal Injury
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4113
Government moved to dismiss plaintiff's Federal Tort Claims Act claims that inadequate medical care he received while incarcerated caused injury and court found neither the independent contractor exception nor the discretionary function exception barred plaintiff's claims. Motion denied.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-09
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2429
Employees failed to plausibly allege False Claims Act whistleblower claims where their complaints about continued use of recalled medical devices did not automatically mean healthcare provider was submitting false or fraudulent claims to Centers for Medicare and Medicaid Services. Defendant's motion to dismiss granted.
Publication Date: 2023-10-02
Practice Area: Health Care Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3449
Plaintiff cancer physicians moved for entry of a temporary restraining order or preliminary injunction against a hospital's termination of their medical staff privileges. The court denied the motion.
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