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  • Chicka v. Hearing Health PA., LLC

    Publication Date: 2023-03-20
    Practice Area: Litigation
    Industry: Health Care | Legal Services
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:21-cv-1405

    A plaintiff's attorney was subject to sanctions for unreasonable and vexatious litigation where she unnecessarily delayed the proceedings and required defense counsel to prepare multiple motions to dismiss to address substantive and procedural errors that should have been easily remedied through simple cooperation. The court granted defendant's motion for sanctions.

  • Ritter v. Passavant Mem'l Homes

    Publication Date: 2023-02-20
    Practice Area: Civil Rights
    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-1407

    Defendant moved to dismiss plaintiffs' §504 of the Rehabilitation Act, ADA and state law negligence claims based on the alleged lack of adequate care or supervision while plaintiff son lived in defendant's facility from 2016 until 2022 and court dismissed plaintiffs' §504 and ADA claims for lack of standing since plaintiffs' claims related only to alleged prior care, supervision and retaliation and declined to exercise supplemental jurisdiction over plaintiffs' state law claims. Motion granted.

  • Mundy v. City of Pittsburgh

    Publication Date: 2023-01-09
    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-31

    City moved to dismiss plaintiff's action over her termination and court found she sufficiently pled Americans with Disabilities Act and Rehabilitation Act disability based on her asthma and a failure to accommodate and retaliation but failed to sufficiently plead claims as to her anxiety, her §1981 retaliation and her title VII gender discrimination claims. Motion granted in part and denied in part.

  • Chubb Indem. Ins. Co. v. Rosenberg

    Publication Date: 2023-01-02
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-CV-00633-MJH

    Court granted insurers declaratory judgment absolving them from defense and indemnification obligations under umbrella liability policy where insureds failed to contest action. Plaintiffs' motions for default judgment and judgment on the pleadings granted.

  • Deal v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-11-14
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-CV-01269-MJH

    Section 1716 of the Motor Vehicle Financial Responsibility Law did not apply to UM benefits, as there were no "hybrid" benefits since the MVFRL was organized into subchapters, each of which dealt with a specific type of auto insurance benefits, and §1716 was not in the subchapter addressing UM benefits. Defendant's partial motion to dismiss granted in part and denied in part.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Rosenberg v. Hudson Ins. Co.

    Publication Date: 2022-11-14
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-CV-00137-MJH

    Parties moved for judgment on the pleadings in plaintiffs' action against their insurers for defense or indemnity regarding intervenor's action for intentional infliction of emotional distress and court found policy language and case law regarding "occurrence and "accident" led to the conclusion that intervenor's "bodily injury" was not caused by an "occurrence" under the policies. Insurers' motions granted.

  • M.D. v. Trinity Area Sch. Dist.

    Publication Date: 2022-10-31
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-cv-517

    Defendant moved to dismiss plaintiff's title IX gender discrimination and retaliation action and court found her complaint failed to state how she was treated differently from a similarly situated male comparator but she presented sufficient evidence to suggest she suffered an adverse action and her complaint included sufficient factual material to meet the causation element. Motion granted in part and denied in part.

  • Hutchinson v. Wayne Twp.

    Publication Date: 2022-10-10
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:20-cv-745

    Malicious prosecution and retaliation claims arising from referral to criminal investigation failed where defendants were not final decision-makers and evidence supported finding that defendants referred plaintiff to police not out of political retaliation but due to good faith suspicion that plaintiff had engaged in theft. Defendants' motion for summary judgment granted.

  • Dennison v. Indiana Univ. of Pennsylvania

    Publication Date: 2022-08-29
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0977

    Defendants moved for summary judgment in plaintiff's §1983, Title IX, Title VII, and Age Discrimination in Employment Act action alleging she was fired in retaliation for speaking about a matter of public concern and court found weight of the evidence showed defendants terminated plaintiff based on her poor decisions and the need for staff reduction due to financial constraints. Motion granted.

  • UPMC McKeesport v. SEIU Nat'l Indus. Pension Fund

    Publication Date: 2022-08-15
    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: 22-0920

    Defendant moved to dismiss plaintiff's Labor Management Relations Act §301 complaint asserting a grievance was the exclusive remedy for any alleged violation of the CBA after defendant pension fund sought allegedly unpaid pension contribution funds and court found it lacked subject matter jurisdiction because the complaint did not allege any breach of the CBAs.