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  • Orbital Eng'g, Inc. v. Buchko

    Publication Date: 2021-11-29
    Practice Area: Employment Litigation
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1385

    Defendant moved for partial summary judgment in action over his termination and the enforcement of a non-compete agreement and court found there were genuine issues of material fact as to defendant's alleged willful misconduct that a jury had to resolve. Motion denied.

  • Thelen v. The Pennsylvania State Sys. of Higher Educ.

    Publication Date: 2021-08-16
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0925

    Defendants moved to dismiss plaintiff's claims in his discrimination, retaliation and hostile work environment claims under §1983, the Americans with Disabilities Act, the Age Discrimination in Employment Act, title VII and title IX arising from his employment termination and court found plaintiff's Rehabilitation Act claim failed, his ADA and ADEA claims failed except as to prospective injunctive relief as did his claims for retaliation for filing workers' compensation claims, for retaliation and discrimination under title VII and Ti

  • Mucy v. Nagy

    Publication Date: 2021-08-16
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0929

    Fourteenth Amendment stigma-plus due process claim failed where the deprivation of employment was enacted by a third party rather than the defendants. Defendants' motion to dismiss granted in part and denied in part.

  • Rodriguez v. CP Dev., Inc.

    Publication Date: 2021-08-02
    Practice Area: Employment Litigation
    Industry: Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0873

    Defendants moved to dismiss plaintiff's race, age and national origin discrimination claims; retaliation under title VII of the Civil Rights Act; disability discrimination under the Americans with Disabilities Act, and violation of the Older Workers Benefits Protection Act claims, and court dismissed Pennsylvania Human Rights Act claims for failure to exhaust administrative remedies and found plaintiff's §1981 national origin, Age Discrimination in Employment Act age discrimination, ADA and OWBPA claims failed. Motion granted in part.

  • Beck v. Brookville Behavioral Health, Inc.

    Publication Date: 2021-04-19
    Practice Area: Health Care Law | Labor Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0425

    Inconsistent instructions from supervisor along with shifting explanations for termination, in conjunction with supervisor's discriminatory comments regarding plaintiff employee's physical disability, could support claim for disability discrimination. Defendant's motion for summary judgment denied.

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  • Silla v. One Three Five, Inc.

    Publication Date: 2020-11-09
    Practice Area: Civil Rights
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1225

    Parties cross-moved for summary judgment in plaintiff's Americans with Disabilities Act, Title VII and state law action asserting disability discrimination, harassment and other claims over her termination and the release of her mental health history to other employees and court found whether plaintiff was an employee or independent contractor was a disputed issue of material fact. Motions denied.

  • Myers v. Fayette County

    Publication Date: 2020-10-26
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1163

    Where a parent-child relationship likely did not constitute an "intimate relationship" protected under the First Amendment nor did the mere existence of a relationship constitute a protected activity, an employee's alleged disparate treatment due to having a parent in a management role did not plausibly constitute a First Amendment violation. Defendant's motion to dismiss granted without prejudice.

  • Calhoun v. Invention Submission Corp.

    Publication Date: 2020-09-07
    Practice Area: Civil Procedure
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0962

    While the Oxman Law Group, PLLC was the first law firm to file a claim on behalf of the putative class, the court appointed Berger Montague, PC as interim lead counsel on behalf of the class because the firm had more experience in prosecuting class actions, particularly in the role of lead plaintiffs' counsel. The court appointed Berger Montague as interim lead counsel.

  • Winkworth v. Spectrum Brands, Inc.

    Publication Date: 2020-07-13
    Practice Area: Consumer Protection
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0740

    Defendant, seller of Remington Hot Rollers, moved to dismiss plaintiffs' putative class action asserting breach of warranties, violation of the Magnuson-Moss Warranty Act, negligence and negligent failure to warn for an alleged latent defect in the rollers and court found defendant satisfied its express warranty obligations by offering injured plaintiff a replacement product and the negligence and negligent failure to warn claims were barred by the economic loss doctrine but plaintiffs adequately alleged a claim for breach of implied

  • Winkworth v. Spectrum Brands, Inc.

    Publication Date: 2020-07-13
    Practice Area: Consumer Protection
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0740

    Defendant, seller of Remington Hot Rollers, moved to dismiss plaintiffs' putative class action asserting breach of warranties, violation of the Magnuson-Moss Warranty Act, negligence and negligent failure to warn for an alleged latent defect in the rollers and court found defendant satisfied its express warranty obligations by offering injured plaintiff a replacement product and the negligence and negligent failure to warn claims were barred by the economic loss doctrine but plaintiffs adequately alleged a claim for breach of implied