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Publication Date: 2023-05-08
Practice Area: Labor Law
Industry: Construction
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:21-CV-00533
Disability discrimination claim failed where employer did not consider worker's injury severe enough to qualify for short-term disability and the worker was released back to full duty several weeks after the work accident, eliminating any discriminatory inference from the worker's termination for failure to report for duty. Defendant's motion for summary judgment granted.
Publication Date: 2023-05-01
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-1594
Addressing sanitary issues in the office fell within the context of public employment and did not touch upon a matter of concern, and therefore did not trigger First Amendment protections for employee. Defendants' motion to dismiss granted.
Publication Date: 2023-04-27
Practice Area: Dispute Resolution | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3234
Plaintiffs appealed the district court's order granting defendant's motion to compel arbitration.
Publication Date: 2023-04-24
Practice Area: Labor Law
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 17-5434
Defendant moved to dismiss plaintiff's action asserting she was fired in retaliation for bringing a qui tam action under the False Claims Act and court found plaintiff stated a plausible retaliation claim when she asserted she complained to her supervisors that defendant was providing unnecessary therapy services, her complaints put defendant on notice she was investigating a potential FCA claim and she was fired. Motion denied.
Publication Date: 2023-04-10
Practice Area: Labor Law
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3286
District court properly granted summary judgment in plaintiff's Fair Labor Standards Act action and found defendant employer did not make improper deductions from plaintiff's salaries because the term "salary" as used in the FLSA did not include fringe benefits like paid time off. Affirmed.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-1190
Defendant moved to dismiss plaintiff's Americans with Disabilities Act, Title VII and §1983 failure to accommodate, discrimination and retaliation claims and court found she failed to sufficiently plead her ADA claims and the title VII gender discrimination claim. Motion granted in part and denied in part.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 1473 MDA 2021
Trial court properly dismissed appellant's action asserting union's promulgation of a schedule of fees in connection with its representation of non-members like appellant in the context of various employment grievances constituted a violation of the duty of fair representation because the mere fact of implementing a fee schedule did not show a violation of the duty of fair representation and appellant failed to show union acted arbitrarily, irrationally or fraudulently. Affirmed.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 680 C.D. 2021
Section 2102 of the Medical Marijuana Act did not preclude a workers' compensation carrier or employer from fulfilling its obligations under the Workers' Compensation Act to reimburse an employee for costs of medical marijuana treatment deemed reasonable and necessary to treat a work injury. Order of the Workers' Compensation Appeal Board reversed and remanded in part.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mehalchick
Attorneys: For plaintiff:
for defendant:
Case Number: 3:21-CV-01678
Discrimination and harassment claims failed where plaintiff did not plead facts showing that male employees were treated more favorably than female employees or that her termination was motivated in any part by her gender, and where a single incident of physical contact did not rise to the level of severe or pervasive harassment or hostile work environment. Defendant's partial motion to dismiss granted.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Insurance
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 824 C.D. 2021
The Workers' Compensation Act required employer to reimburse claimant for out-of-pocket medical marijuana costs incurred as reasonable and necessary treatment for a work-related injury. The court reversed the Workers' Compensation Board's denial of the portion of claimant's review medical petition to treatment and/or billing that sought such reimbursement.
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