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  • The Weiser Law Firm v. Hartlieb

    Publication Date: 2020-11-30
    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: 20-1299

    Defendant filed a motion for reconsideration of court's order finding venue in the eastern district in plaintiffs' defamation and intentional infliction of emotional distress claims and court found venue was proper on the basis that defendant's allegedly defamatory emails were published in the eastern district and plaintiffs were injured in the eastern district where law firm maintained its principal place of business and attorney resided and worked. Motion denied.

  • McCowan v. City of Philadelphia

    Publication Date: 2020-11-23
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1272

    Defendants' failure to submit privilege log identifying documents and basis for assertion of attorney-client privilege precluded granting enforcement of the privilege to quash a subpoena. Defendants' motion to quash subpoena denied.

  • Strike 3 Holdings, LLC v. Doe

    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.

  • Gavurnik v. Vantage Labs, LLC

    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.

  • McCowan v. City of Philadelphia

    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.

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  • The Weiser Law Firm v. Hartleib

    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.

  • Three Brothers Supermarket, Inc. v. U.S.A.

    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.

  • Savage v. Temple Univ.

    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

  • Deardorf v. Cellular Sales of Knoxville, Inc.

    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.

  • Dastra v. Kyriba Corp.

    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.