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Publication Date: 2020-11-16
Practice Area: Copyrights
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1253
Plaintiff moved for leave to serve a third-party subpoena prior to a rule 26(f) conference in its copyright infringement action and court found plaintiff pled a prima facie case of copyright infringement, submitted a sufficiently specific discovery request for defendant's name and address and there was no practical way for plaintiff to obtain the information without the subpoena directed to the internet service provider. Motion granted.
Publication Date: 2020-11-16
Practice Area: Labor Law
Industry: Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1243
Employer's fraudulent inducement counterclaim dismissed where employer failed to plead specific facts regarding employee's alleged false statements made during the application/interview process, and where the counterclaim, which could provide an independent affirmative judgment, was brought outside the applicable statute of limitations. Plaintiff's motion to dismiss defendant's counterclaim granted.
Publication Date: 2020-11-09
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1222
Plaintiffs moved for reconsideration of order finding mayor was a high ranking government official entitled to limited immunity and precluding his deposition in plaintiffs' discrimination, harassment and retaliation action against city and court found plaintiffs' new evidence failed to show mayor possessed unique personal knowledge, that his testimony was essential to plaintiffs' case and evidence was not available through other means. Motion denied.
Publication Date: 2020-10-26
Practice Area: Personal Injury
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1166
Defendant moved to dismiss plaintiffs' tort claims and request for a vexatious litigant order on the grounds of lack of personal jurisdiction and court dismissed the request for a vexatious litigant order on jurisdiction grounds but found it had personal jurisdiction as to the abuse of process, defamation and intentional infliction of emotional distress claims. Motion granted in part and denied in part.
Publication Date: 2020-10-12
Practice Area: Administrative Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1109
Government sought approval of parties' stipulated protective order and to seal parts of the administrative record in plaintiff store's action challenging its permanent disqualification from the SNAP program and court granted the stipulated protective order and sealed the parts of the administrative record that provided financial and identifying information about stores and SNAP members but declined to seal the names of third parties and the percentage to which plaintiff had higher SNAP transactions. Motion granted and denied in part.
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Publication Date: 2020-10-05
Practice Area: Civil Rights
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1081
Plaintiff moved to strike defendants' affirmative defenses and responsive paragraphs in defendants' answers to plaintiff's complaint asserting religious and intersectional discrimination under federal and state law and court granted plaintiff's motion to strike as to defendants' responses to 10 paragraphs because those responses did not adequately respond to factual allegations in plaintiff's complaint and found defendants' defenses gave fair notice except as to an affirmative defense relating to injunctive relief that had been addres
Publication Date: 2020-09-07
Practice Area: Employment Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0972
Defendants moved to dismiss for lack of personal jurisdiction in plaintiffs' Fair Labor Standards Act overtime class action and court agreed it lacked general and specific jurisdiction over defendant Cellular Sales of Knoxville, Inc. but granted jurisdictional discovery since plaintiffs' evidence raised the possibility of personal jurisdiction based on an alter ego theory. Court deferred ruling on the motion.
Publication Date: 2020-08-24
Practice Area: Labor Law
Industry: Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0913
Court granted defendants' motion to compel arbitration of discrimination/retaliation case where defendant employer's filing of a prior writ of summons in state court alleging plaintiff employee's breach of invention assignment agreement did not sufficiently prejudice plaintiff in his discrimination/retaliation action from being compelled to arbitration. Defendants' motion to stay and compel arbitration granted.
Publication Date: 2020-08-17
Practice Area: Premises Liability
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0882
Where a non-jural or nominal defendant was the sole defendant with the same citizenship as plaintiff, the court disregarded the citizenship of that non-jural entity to find that complete diversity existed to support diversity jurisdiction. Plaintiff's motion for remand denied.
Publication Date: 2020-08-03
Practice Area: Contractual Disputes
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0821
Defendant moved to file a third party complaint after the deadline set by the schedulingorder and court found evidence showed defendant possessed the relevant knowledge before the deadline, did not demonstrate good cause for the late motion and was not diligent in filing his motion. Motion denied.
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