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  • Reid v. Temple Univ. Hosp. Inc.

    Publication Date: 2019-03-18
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0297

    Defendant moved for a protective order regarding 54 of plaintiffs' proposed 83 topics in their rule 30(b)(6) notice in their employment discrimination action and the court found the notice was burdensome and disproportionate and denied the motion as to three topics related to comparators and granted it as to the other topics. Granted in part and denied in part.

  • Commonwealth v. Coleman

    Publication Date: 2019-03-11
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0263

    The trial court erred in suppressing defendant's pre-arrest statements to police where the record supported the court's finding that defendant was not in custody for Miranda purposes, but he chose to stay and speak with police despite his invocation of the right to remain silent. The appellate court reversed and remanded.

  • Middlebrooks v. Teva Pharm. USA, Inc.

    Publication Date: 2019-02-19
    Practice Area: Civil Rights | Employment Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0190

    Employer moved for judgment as a matter of law or for a new trial after jury found for employee on his claim of a retaliatory hostile work environment and retaliation and the court denied employer's motion except for applying the Title VII statutory cap to the jury's punitive damages award. Motion denied in part and granted in part.

  • Parrotta v. Peco Energy Co.

    Publication Date: 2019-02-19
    Practice Area: Civil Rights | Labor Law
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0188

    Employer moved for summary judgment in employee's action asserting ADA and FMLA retaliation claims after he was fired for a positive drug test where employer sent him to an EAP substance counseling program before terminating him and the court found employee admitted using marijuana, company policy called for termination after a first positive drug test and employee produced no evidence of pretext or that he was disabled or had invoked his rights under the FMLA. Motion granted.

  • Penjuke v. Bd. of Probation and Parole

    Publication Date: 2019-02-19
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0185

    Board erred when it revoked the 793 days of good standing street time that petitioner acquired in the parole period that led to his re-commitment as a TPV when it recommitted him as a CPV because under the 2012 amendments to the statute, the board lacked the authority to revoke street time it previously granted to a parolee as a TPV. Reversed.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Zoldak v. Borough of Plum

    Publication Date: 2019-02-12
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Fischer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0165

    Defendants moved for summary judgment in teacher's §1983 action for unlawful arrest after he was charged with witness intimidation for remarks he made about an institutional sexual assault investigation at the school in a class in which the victim was present and the court found affidavit did not lack probable cause and the defendants had qualified immunity. Motion granted.

  • Commonwealth v. Dunham

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0148

    The forcible stop of the motor vehicle in which defendant was a passenger constituted a seizure of the driver and all passengers; therefore, police were not required to issue verbal commands to lawfully seize defendant, who fled on foot before the vehicle came to a full stop. The appellate court reversed an order granting defendant's motion to suppress.

  • Gill v. Abington Mem'l Hosp.

    Publication Date: 2019-02-12
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0152

    Adverse summary judgment on claim for injunctive relief under the ADA granted where plaintiff failed to allege a real and immediate threat that she would be denied access to defendant hospital accompanied by her service animal. Defendant's motion for summary judgment granted.

  • Grochowski v. Wilkes-Barre Behavioral Hosp. Co., LLC

    Publication Date: 2019-02-12
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mariani
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0164

    Court adopted the magistrate judge's report recommending that defendant's motion for summary judgment be granted as to plaintiff's FMLA interference claim and her disability-based ADA claims but denied as to her FMLA retaliation and pregnancy discrimination claims because the record presented disputed assertions of fact as to whether the proffered reason for plaintiff's discharge was the employer's real reason. Objections overruled and R&R adopted in its entirety.

  • Estate of Roman v. City of Newark

    Publication Date: 2019-02-12
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0163

    District court erred in dismissing appellant's §1983 claims against the city and police officers alleging a policy of unconstitutional searches, inadequate training and poor supervision and discipline based on the warrantless search of an apartment because appellant sufficiently alleged municipal liability against the city for inadequate police training, discipline and supervision. Vacated.