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Fouad v. The Milton Hershey School
Publication Date: 2024-04-09
Practice Area: Personal Injury
Industry:
Court: Supreme Court, New York
Judge: Justice Leslie A. Stroth
Attorneys:
For plaintiff:
For defendant:
Case number: 155743/2018

Plaintiff Sufficiently Pleaded School Engaged in 20-Year Harassment Campaign

Appellate Division, First Department: January 2, 2024
Publication Date: 2024-01-02
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:December 28, 2023

J.P. Elec., Inc. v. LPMG Constr. Mgmt., LLC
Publication Date: 2023-11-13
Practice Area: Civil Procedure
Industry: Construction | Legal Services
Court: Appellate Division
Judge: Judge Sabatino
Attorneys:
For plaintiff: Brian E. O'Neill (Elliott Greenleaf, PC)
For defendant: No brief
Case number: A-0918-22

Defendant Offeror Not Entitled to Legal Fees and Costs Under Offer of Judgment Rule Following Involuntary Dismissal

Wolff v. Aetna Life Ins. Co.
Publication Date: 2023-08-28
Practice Area: Class Actions
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys:
For plaintiff: John P. Elliott, Kyle M. Elliott, Stewart J. Greenleaf, Jr., Mark J. Schwemler, Elliott Greenleaf, Blue Bell, PA for petitioner.
For defendant: Charles Kannebecker, Milford, PA for respondent.
Case number: 22-8056

The issue before the court was when the timeframe for filing an interlocutory appeal of a class certification order could be extended under Federal Rule of Civil Procedure 23(f), which authorizes interlocutory review of orders "granting or denying class-action certification" of petitions filed within 14 days of the order. Here, petitioner filed a Rule 23(f) petition 14 days after the district court had revised its class certification order but months after the original order certifying the class. Respondent, who had received disabilit

Taylor v. The Devereux Foundation, Inc. et al.
Publication Date: 2023-04-13
Practice Area: Attorney Compensation | Constitutional Law | Damages | Health Care Law
Industry: Health Care | Legal Services
Court: Georgia Supreme Court
Judge: Justice Warren
Attorneys:
For plaintiff: Andrew Timothy Rogers, Andrew Timothy Rogers, Kara Elizabeth Phillips William Michael D’Antignac, (Deitch & Rogers, LLC), Atlanta, Melvin L. Hewitt, Jr., Hilary Wayne Hunter, (Isenberg & Hewitt, PC), Atlanta, Naveen Ramachandrappa, Joshua Ferber Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
For defendant: Matthew Farish Barr, (Hawkins Parnell Thackston & Young, LLP), Atlanta, Laurie Webb Daniel, Matthew D. Friedlander, Jeff Sandman, (Webb, Daniel, Friedlander, LLP), Atlanta, for appellee; Maxwell Kent Thelen, Andrew Steven Ashby, (Ashby Thelen Lowry), Marietta, for Amicus Appellant; Ross Warren Bergethon, Christopher M. Carr, Stephen John Petrany, (Department of Law), Atlanta, Brian Charles Lea, (Jones Day), Atlanta, Matthew J. Rubenstein, (Jones Day), Minneapolis, Letitia A. McDonald, Robert B. Friedman, Erin Munger, (King & Spalding LLP), Atlanta, Anna Sumner Pieschel, Philip S. Goldberg, (Shook, Hardy & Bacon, LLP), Atlanta, Washington, David Christopher Hanson, (The Hanson Firm), Atlanta, Anthony J. Sebok, (Benjamin N. Cardozo School of Law), New York John C.P. Goldberg, (Harvard Law School), Cambridge, for Amicus Appellee; Rosser Adams Malone, (Malone Law Office), Atlanta, Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Canton, Rory A. Weeks, (Canella Snyder LLC), Decatur, Jeffrey R. White, (Center for Constitutional Litigation, P.C.), Washington, Malissa Anne Kaufold-Wiggins, James D. Meadows, (Balch & Bingham, LLP), Atlanta, Jacob Edward Daly, Elissa Blache Haynes, P. Michael Freed, (Freeman Mathis & Gary, LLP), Atlanta, Philip Michael Thompson, (Ellis Painter Ratterree & Adams LLP), Savannah, for other party.
Case number: S22A1060

Statutory Cap on Punitive Damages Does Not Violate State Constitutional Right to Jury Trial

Rider v. PPG Indus., Inc.
Publication Date: 2022-11-01
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys:
For plaintiff: Brian E. O'Neill, Elliott Greenleaf, P.C., Wilmington, DE for plaintiff.
For defendant: Jared Thomas Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE; Lindsay Neinast, Littler Mendelson, PC, Washington, D.C. for defendants.
Case number: 21-1819-GBW

Breach of contract and promissory estoppel claims seeking retiree benefits were not preempted by ERISA where employee had allegedly negotiated for reinstatement of benefits as if there was no break in service upon resuming employment following termination, thereby creating an independent legal duty for employer.

Appeals & Motions List released on:June 30, 2022
Publication Date: 2022-07-05
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:June 30, 2022

Buckeye Partners, L.P. v. GT USA Wilmington, LLC
Publication Date: 2022-04-12
Practice Area: Contractual Disputes
Industry: Cargo and Shipping
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: Jody C. Barillare, Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Michael D. Blanchard, Morgan, Lewis & Bockius LLP, Hartford, CT; Julie S. Goldemberg, Morgan, Lewis & Bockius LLP, Philadelphia, PA; Leslie B. Spoltore, Obermayer Rebmann Maxwell & Hippel LLP, Wilmington, DE; Nicholas Poduslenko, Matthew S. Olesh, Obermayer Rebmann Maxwell & Hippel LLP, Philadelphia, PA for plaintiffs.
For defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Thomas J. Elliott, Frederick P. Santarelli, Jack P. Elliott, Colin J. O’Boyle, Elliott Greenleaf, P.C., Blue Bell, PA for defendant.
Case number: D69774

The court held that plaintiff who leased a dock from defendant proved that it was not a stevedore because it was not involved in the physical handling of cargo within the terminal property.

Buffalo Emergency Associates, LLP v. Aetna Health, Inc.
Publication Date: 2021-06-12
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Whalen, P.J., Centra, Peradotto, Lindley, and Troutman, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0199

Buffalo Emergency Associates, LLP v. Aetna Health, Inc.

Fouad v. The Milton Hershey Sch. & Sch. Trust
Publication Date: 2021-03-11
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Southern District of New York, U.S - SDNY
Judge: District Judge Paul Crotty
Attorneys:
For plaintiff:
For defendant:
Case number: 20 Civ. 10042

28 USC §1447(d), Rule Against Successive Removals Bar Review of Jurisdictional Issue

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