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  • Narkiewicz v. Manheim Twp.

    Publication Date: 2022-02-07
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0127

    Township moved for summary judgment in plaintiff's action asserting township created a defamatory impression of her in connection with her termination and court found plaintiff failed to produce evidence township's allegedly stigmatizing public statements were false and township could not be held responsible for the negative impression media created about plaintiff. Motion granted.

  • Engel v. Ellwood City Area Sch. Dist.

    Publication Date: 2022-01-24
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1533

    The court, in this opinion under Rule 1925(a), did not change its holding from its original determination which affirmed the school board's decision to furlough appellant, an assistant principal, due to declining school enrollment and appellant's relatively low seniority. Affirmed.

  • Keystone RX LLC v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Health Care | Insurance | Retail
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0048

    Commonwealth court correctly affirmed hearing officer's order that a non-treating healthcare provider could not challenge a utilization review determination but erred in concluding the act improperly failed to account for the due process rights of non-treating providers and engrafting onto the act a requirement that non-treating providers receive notice and an opportunity to intervene in UR proceedings. Affirmed in part.

  • Whalen v. Pub. Sch. Employees Ret. Bd.

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Education
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0053

    Commonwealth court erred in relying on the stated intent of the parties in a settlement agreement and ignoring the definition of "compensation" in the retirement code in finding appellee's settlement payment in his age discrimination action was retirement-covered compensation. Reversed.

  • Geisinger Clinic v. Rogan

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1524

    The court held that plaintiff could amend its complaint sounding in breach of restrictive covenant to drop claim for specific performance and add claim for monetary damages because defendant would suffer no undue prejudice. Decision made by judge in preliminary injunction hearing that the restrictive covenant was unenforceable was not a final decision, so it was not the law of the case or binding. Motion for leave to amend granted.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • DiLaqua v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0001

    Board erred in applying an incorrect burden of proof to the rebuttable presumption in §301(e) of the Workers' Compensation Act and erred in ruling claimant failed to meet his burden of proving a work-related injury and court found claimant only had to prove he suffered from an occupational disease listed in §108 of the act for the presumption to apply and it was not clear whether the general assembly intended the "[d]iseases of thelungs" referred to in §108 to include Reactive Airways Dysfunction Syndrome, asthma or a pulmonary condi

  • Lorino v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0007

    Commonwealth court erred in interpreting §440 to require a per se disqualification of an award of claimant's attorney fees where the employer established a reasonable basis for its contest because that interpretation was contrary to the plain language of the statute. Reversed.

  • Mitchell v. CJKant Res. Group, LLC

    Publication Date: 2022-01-03
    Practice Area: Employment Litigation
    Industry: Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1504

    Defendants moved to dismiss plaintiff's cause of action for alter ego liability in his employment termination action against individual defendant and court found Pennsylvania's highest court had held that veil piercing claims were not independent causes of action. Motion granted.

  • Brennan v. FSD Pharma Inc.

    Publication Date: 2021-12-27
    Practice Area: Employment Litigation
    Industry: Agriculture | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1502

    Given appellate authority emphasizing the primacy of forum selection clauses in determining venue, the court chose to dismiss plaintiff's claim on the basis of a forum selection clause in his employment agreement, leaving the chosen venue to decide the merits of his claim that the contract had been orally modified. The court dismissed plaintiff's claim claims conditionally and without prejudice

  • Kolenich v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1488

    Board erred in finding claimant adjunct professor ineligible for unemployment benefits where he worked for three colleges and only one gave him reasonable assurance of employment for the next term because claimant's loss of employment at two of the colleges where he worked did not trigger the exception in §402.1(1) since neither of those educational institutions gave him reasonable assurance of employment. Reversed.