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Publication Date: 2023-09-04
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3276
Canadian employee's claims under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act failed where employee exclusively worked in Canada. Defendant's motion for partial summary judgment granted in part and denied in part.
Publication Date: 2023-09-04
Practice Area: Dispute Resolution
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 254 EDA 2022
Trial court properly confirmed an arbitration award where the arbitration agreement's resolution of disputes provision gave arbitrator the exclusive authority to resolve any dispute relating to arbitrability and trial court lacked authority to examine the merits of arbitrator's decision concerning the claims covered. Affirmed.
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: Food and Beverage | Manufacturing
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 904 C.D. 2022
Workers' Compensation Appeal Board erred in granting specific loss benefits petition where petition was untimely for lack of constructive notice because employee, despite knowing that his diabetic foot ulcer had been aggravated by his working conditions, failed to inform employer that his subsequent amputations were work related. Order of the WCAB reversed.
Publication Date: 2023-08-14
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00634-JMG
Court denied transgender woman's motion to proceed pseudonymously in employment discrimination claim where factors did not overcome presumption in favor of open judicial proceedings and public access to the judicial process, particularly where plaintiff had previously pursued a separate discrimination complaint without proceeding pseudonymously. Plaintiff's motion to proceed pseudonymously denied.
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.
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Publication Date: 2023-08-07
Practice Area: Mergers and Acquisitions
Industry: Federal Government | Food and Beverage | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: Jonathan S. Kanter, Doha Mekki, Maggie Goodlander, David B. Lawrence, Daniel E. Haar, Nikolai G. Levin, Peter M. Bozzo, Brian Hanna, Jonathan Y. Mincer, U.S. Department of Justice Antitrust Division, Washington, DC for plaintiff-appellant.
for defendant: Melissa Arbus Sherry, Amanda P. Reeves, Lindsey S. Champlin, David L. Johnson, Charles S. Dameron, Latham & Watkins LLP, Washington, DC; Lawrence E. Buterman, Latham & Watkins LLP, New York, NY; Christopher S. Yates, Latham & Watkins LLP, San Francisco, CA; Jack B. Blumenfeld, Brian P. Egan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Timothy G. Cameron, Peter T. Barbur, David R. Marriott, Daniel K. Zach, Michael K. Zaken, Lindsey J. Timlin, Hannah L. Dwyer, Cravath, Swaine & Moore LLP, New York, NY; Amanda L. Wait, Norton Rose Fulbright US LLP, Washington, DC; Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Peter J. Schwingler, Stinson LLP, Minneapolis, MN; Daniel K. Hogan, Hogan McDaniel, Wilmington, DE for defendant-appellees.
Case Number: 22-2806
Rather than employ the hypothetical monopolist test analysis for determining product market under Section 7 of the Clayton Act, the Third Circuit affirmed the District Court's analysis using the actual market for refined sugar as the product market definition.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:23-cv-00634-JMG
Defendants moved to dismiss plaintiff's title VII and state law discrimination, sexual harassment, retaliation, hostile work environment and battery action against company and three of her supervisors and court dismissed the title VII claims against individual supervisors but found plaintiff sufficiently pled her claims against company defendant. Motion granted in part and denied in part.
Publication Date: 2023-07-10
Practice Area: Employment Litigation
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:23-CV-00613-MJH
Plaintiffs moved for abstention and remand of state law claims for sexual harassment, sexual assault and/or battery and a sexually hostile work environment after defendant removed plaintiffs' action to federal court asserting court had jurisdiction because it was "related" to defendant's bankruptcy petition and court found all six mandatory abstention factors were sufficiently met. Motion granted.
Publication Date: 2023-06-19
Practice Area: Contracts
Industry: Food and Beverage | Legal Services
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 1291 WDA 2022
Trial court erred in enforcing settlement negotiated by parties' counsel where party opposing enforcement unequivocally testified that he never gave his attorney express authority to agree to a settlement and trial court failed to resolve that factual dispute. Order of the trial court reversed, case remanded.
Publication Date: 2023-06-12
Practice Area: Personal Injury
Industry: Food and Beverage
Court: Courts of Common Pleas, Bucks County
Judge: Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-03333
In a slip and fall case, plaintiffs appealed the grant of a motion for summary judgment in favor of defendant, a restaurant. The court denied the appeal, finding that plaintiffs' testimony and evidence did not establish causation or meet the requirements for admissible expert testimony.
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