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  • Humana Inc. v. Indivior Inc.

    Publication Date: 2021-08-09
    Practice Area: Consumer Protection
    Industry: Health Care | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0902

    Defendants pharmaceutical manufacturers moved to dismiss plaintiff healthcare providers' RICO and state law claims alleging defendants' illegal conduct caused plaintiffs to pay a higher price for Suboxone and court found clear third circuit precedent held that indirect purchasers of a product did to have standing to sue for artificially inflated prices, plaintiffs were indirect purchasers alleging injury caused by downstream payments of inflated prices from direct purchasers and their RICO claims had to be dismissed. Motion granted.

  • Powers v. SEPTA

    Publication Date: 2021-07-12
    Practice Area: Civil Rights
    Industry: State and Local Government | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0787

    Defendants moved to dismiss plaintiff's §1981, title VII and Pennsylvania Human Relations Act claims asserting race, gender and disability discrimination, retaliation and a hostile work environment and court dismissed plaintiff's punitive damages claims against individual defendants and found plaintiff failed to adequately plead his hostile work environment, disparate treatment based on gender and Americans with Disabilities Act failure to accommodate claims. Motion granted in part and denied in part.

  • Mann v. A.O. Smith Corp.

    Publication Date: 2021-05-31
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0600

    Defendant moved for summary judgment in plaintiff's action alleging claims for occupational exposure to asbestos, negligence, strict liability and breach of warranty and court found no reasonable jury could determine decedent was exposed to defendant's asbestos-ridden products such that they were a substantial factor in his development of lung cancer. Motion granted.

  • Bartell v. Cmty. Coll. of Philadelphia

    Publication Date: 2021-05-03
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0488

    Plaintiffs' complaint failed to plead all the elements of a prima facie case of age discrimination based on disparate treatment where the pleading made no attempt to establish that plaintiffs were similarly situated with fellow employees under the age of 40. The court granted defendants' motion to dismiss in part.

  • Continental Cas. Co. v. Pennsylvania Nat'l Mut. Cas. Ins. Co.

    Publication Date: 2021-03-29
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0329

    While the state's high court has not yet opined on the scope of the term "borrowed" in the context of insured motor vehicles, the district court adopted the "majority" view and held that defendant's insured never acquired control, dominion or possession over the subject vehicle such that she could be deemed to have "borrowed" the vehicle so as to trigger certain policies. The court entered judgment for the defendant insurer.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Washington v. City of Philadelphia

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0345

    Defendant police officers moved for summary judgment in plaintiff's action asserting denial of adequate medical care after he was injured while being arrested and court found undisputed facts showed plaintiff's injuries were so obvious that a lay person easily recognized the need for medical treatment, there was a genuine issue of material fact as to whether officers' delay of almost an hour in taking him for medical treatment constituted deliberate indifference and officers were not entitled to qualified immunity. Motion denied.

  • In re Suboxone Antitrust Litig.

    Publication Date: 2021-02-08
    Practice Area: Antitrust
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0131

    Named class representative's bankruptcy did not warrant its disqualification where any conflict between its obligation as a debtor-in-possession to maximize the value of its assets and its duties to the class was speculative and where the class had other named representatives. Defendant's motion to disqualify class representative/counsel denied; plaintiffs' motion to approve class notice granted.

  • Dankanich v. Pratt

    Publication Date: 2020-12-21
    Practice Area: Government
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1377

    Complaint for relief from denial of proposed complaint under Philadelphia's False Claims Ordinance dismissed where city solicitor's discretion to decline to permit proposed complaint to proceed served significant interest in conserving the city's legal resources. Defendants' motion to dismiss granted; plaintiffs' cross-motion for leave to amend complaint denied.

  • T.R. v. Sch. Dist. of Philadelphia

    Publication Date: 2020-05-18
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0506

    School district moved for summary judgment in limited English proficient parents' action asserting violations of the Individuals with Disabilities Education Act, Rehabilitation Act, Americans with Disabilities Act,Equal Education Opportunity Act and Title VI based on district's allegedly inadequate translation and interpretation services and court dismissed parents' claims for failure to exhaust administrative remedies. Motion granted.

  • Young v. Temple Univ. Hosp.

    Publication Date: 2019-11-11
    Practice Area: Medical Malpractice
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1314

    Court granted the motion to substitute U.S. for doctor in action against doctor and hospital for injuries to child and mother from a failure to perform a timely C-section because plaintiff's arguments were insufficient to rebut the prima facie certification deeming doctor an employee of the public health service acting within the scope of her federal employment, denied government's motion to dismiss for failure to exhaust administrative remedies and granted hospital's motion to dismiss adult plaintiff's claims as untimely. Granted in