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  • Miale v. Nationwide Ins. Co. of Am.

    Publication Date: 2022-01-24
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0082

    Execution of stacking waiver form for RV policy that covered only one vehicle meant that the policyholder could only have understood they were executing an inter-policy stacking form, even though the waiver form language included language from the statutory provision governing intra-policy stacking. Defendant's motion to dismiss granted.

  • Porter v. Drafto Corp.

    Publication Date: 2021-12-06
    Practice Area: Civil Rights
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1418

    Defendant employer moved for summary judgment in plaintiff's action asserting his termination was in violation of the Age Discrimination in Employment Act and the Pennsylvania Human Relations Act and court found plaintiff did not present sufficient evidence to raise a genuine question of fact on the issue of pretext after defendant met its burden of showing a legitimate, non-discriminatory reason for firing plaintiff. Motion granted.

  • Betras v. Oli-Car Inc.

    Publication Date: 2021-11-22
    Practice Area: Labor Law
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1350

    Plaintiff was entitled to a default judgment in this Fair Labor Standards Act suit wherein defendant failed to answer allegations that she was an employee as defined by the act, that defendant engaged in interstate commerce and that plaintiff was not paid minimum wage as required by the act. The court granted plaintiff's motion for a default judgment.

  • Shaffer v. Cranberry Twp.

    Publication Date: 2021-10-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1239

    Defendants moved for summary judgment in plaintiff police officer's pregnancy discrimination and retaliation action and court found plaintiff sufficiently pled adverse employment action, comparators who were treated differently and sufficient evidence to show defendants' non-discriminatory reasons were a pretext. Motion denied.

  • Frankovich v. Pittsburgh Pub. Sch.

    Publication Date: 2021-09-06
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1021

    Defendant moved for summary judgment in Caucasian plaintiff's racial discrimination and retaliation claims under title VII and court found her failure to promote or reclassify claim failed because she could not show she made every reasonable effort to apply for reclassification of her job and did not argue she was dissuaded from doing so and her retaliation claims failed because she could not point to "materially adverse" conduct or show a causal connection. Motion granted.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • McClain v. Connellsville Sch. Dist.

    Publication Date: 2021-05-17
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0550

    Defendant school district moved to dismiss plaintiff's action asserting discrimination based on sex, a sexually hostile work environment, sexual harassment and retaliation and court found the allegations based on adverse employment actions and retaliation were untimely as to events that occurred before March 2019 and her disparate treatment claim failed but she sufficiently pled a sexually hostile work environment and respondeat superior. Motion granted in part and denied in part.

  • Snair v. Speedway LLC

    Publication Date: 2021-02-01
    Practice Area: Personal Injury
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0104

    Gas station, snow removal service and service's subcontractor moved for summary judgment in plaintiff's action for slipping and falling in station lot and court found genuine issues of material fact existed as to station's constructive notice and removal service's duty but subcontractor was not liable for indemnity or contribution under its contract. Motions granted in part and denied in part.