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Publication Date: 2022-03-28
Practice Area: Personal Injury
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0332
Defendants in a negligence action over a car crash moved to file an amended answer asserting the affirmative defense of judicial estoppel and for summary judgment and court found judicial estoppel was not an appropriate remedy to address the alleged harm from plaintiff's allegedly inconsistent testimony at a workers' compensation hearing about prior workplace injury and the car crash. Motions denied.
Publication Date: 2022-03-14
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0274
Court dismissed plaintiff's in forma pauperis complaint apparently alleging violations of the Fair Credit Reporting Act because he failed to identify the allegedly incorrect information in his credit history, explain why the information was incorrect or to allege any facts about how or when he disputed the information. Complaint dismissed.
Publication Date: 2022-01-31
Practice Area: Antitrust
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0101
One drug company defendant moved for misjoinder and severance in price fixing action against two drug companies and others and court found severance was not appropriate under rule 14(a) and there was a sufficient transactional nexus between the conspiracies alleged. Motion denied.
Publication Date: 2020-12-14
Practice Area: Damages
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1357
Court granted plaintiff's request for a preliminary injunction in his action for tortious conversion against former girlfriend, who had removed his money from a temporary bank account set up in her name until he could get a business going, because court found he was likely to succeed on the merits, would suffer irreparable harm and girlfriend willfully failed to appear for the hearing. Preliminary injunction granted.
Publication Date: 2020-12-07
Practice Area: Immigration Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1329
Defendants moved for reconsideration of court's order denying defendants' motion to dismiss plaintiff's mandamus action requesting court to compel Board of Immigration Appeals to rule on two motions he filed and court found an outcome that foreclosed any access to judicial review could not have been intended by congress or Tazu v. Attorney General of the U.S., 975 F.3d 292. Motion denied.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2020-10-12
Practice Area: Contractual Disputes
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1110
Plaintiff moved to dismiss defendant's counterclaims in a breach of contract action and court found defendant's breach of contract claim failed because he did not allege any specific contract obligation that was breached, his breach of implied covenant of good faith claim failed because he did not make specific allegations but his promissory estoppel claim was adequately pled as was his declaratory relief claim. Granted in part and denied in part.
Publication Date: 2020-08-10
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0847
Where plaintiff asserted sex-based hostile work environment and wage disparity claims against her former employer and bolstered those claims with evidence of alleged race or national origin discrimination, the court refused to bar evidence of her alleged use of a racial slur in the workplace. The court denied plaintiff's motion in limine.
Publication Date: 2020-07-20
Practice Area: Class Actions
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0777
Defendant moved to dismiss plaintiff's Fair Labor Standards Act action on res judicata and collateral estoppel grounds and court found those doctrines did not apply to a class member who, like plaintiff, withdrew from the class before judgment entered and pursued her claims individually in a separate action. Motion denied
Publication Date: 2020-06-22
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0650
Defendant moved to suppress evidence obtained in searches of his motel room and car after officers found a runaway minor at motel who alleged defendant was prostituting her and another girl and court found exigent circumstances justified entry into the motel room and defendant's detention but the warrantless searches of the motel room and defendant's car violated the fourth amendment and defendant's detention did not mean his post-Miranda statements had to be suppressed. Motion granted in part and denied in part.
Publication Date: 2020-06-22
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0646
Defendant moved to dismiss plaintiff's sex discrimination and retaliation action and court found office manager's comments showed she was obsessed with her female employees' appearances and it was plausible she bore an animus against plaintiff because of plaintiff's physical appearance, plaintiff engaged in protected conduct by complaining about manager's derogatory comments and plaintiff's demotion after returning from sick leave and her firing a month later could establish temporal proximity. Motion denied.
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