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Publication Date: 2022-10-17
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 21-5586
Age/gender discrimination and retaliation claims failed where employer ultimately selected similarly situated candidates and declined to interview plaintiff for the positions due to her lack of recent experience necessary for the role. Defendants' motion for summary judgment granted.
Publication Date: 2022-10-03
Practice Area: Public Utilities
Industry: Energy
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-3485
Court dismissed pro se plaintiff's Fair Debt Collection Practices Act, False Claims Act, and Equal Credit Opportunity Act action over electricity company's efforts to collect its bill because electricity company and Public Utility Commission were not "debtors" under the FDCPA, PUC had sovereign immunity, a pro se plaintiff could not bring a claim on behalf of the government and plaintiff's Equal Opportunity Act claims failed since she identified no act of discrimination. Dismissed.
Publication Date: 2022-10-03
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-1128
Hearing officer correctly found that school district failed to provide free appropriate public education for student suffering from genetic disorder causing insatiable need to eat where IEP failed to ensure constant food secure environment, whereas residential private school could offer such an environment and therefore parents were entitled to tuition reimbursement. Parties' cross-motions for summary judgment granted in part and denied in part.
Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0946
Department of Labor moved for summary judgment in Fair Labor Standards Act action against defendant in-home healthcare services provider and defendant conceded the FLSA covered its employees, individual defendant was an employer, defendants violated the Act by failing to pay overtime and travel time and failed to maintain and preserve accurate employee records but court found genuine issues of material fact existed as to willfulness, entitlement to liquidated damages, calculation of back wages and the appropriateness of injunctive rel
Publication Date: 2022-07-25
Practice Area: Products Liability
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0823
Court admitted "competitor products survey" in products liability case as probative of the product's compliance with industry standards, as it could show under the applicable risk-utility test that the specific product was reasonably designed because it shared similar design features with competing products. Cross-motions in limine denied in part and granted in part.
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Publication Date: 2022-07-18
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0804
Plaintiff moved to dismiss defendant's assault and battery and intentional infliction of emotional distress counterclaims and her affirmative defenses in her counterclaims to his defamation action and court found plaintiff pled the elements of assault and of battery, dismissed her statute of limitations defense but allowed her other defenses to go forward. Motion granted in part and denied in part.
Publication Date: 2022-04-25
Practice Area: Attorney Compensation
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0437
Defendant attorney moved to dismiss plaintiffs' declaratory judgment action or, alternatively, asked the court to stay the matter in favor of an as-yet unfiled California state court action and court found defendant filed a notice of lien in an action before the court, the proceeds of that action were held in escrow, the matters were related and there were no grounds to abstain, stay or reassign the action. Motion denied.
Publication Date: 2022-04-18
Practice Area: Antitrust
Industry: Distribution and Wholesale | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0419
Defendants moved to dismiss plaintiff's antitrust action alleging conspiracy to restrain trade and court found plaintiff plausibly pled a single horizontal conspiracy among defendant and three generics by pleading consciously parallel conduct and plausible motive for each conspirator, the conspirators acted against their unilateral interests and other facts that supported an inference of conspiracy but plaintiff did not plead a plausible separate bilateral conspiracy theory to restrict output. Motion granted in part and denied in part
Publication Date: 2022-04-18
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0418
Plaintiff insurer moved for a declaration it had no duty to defend or indemnify wife of spa owner against claims she should have prevented spa employee from sexually assaulting customers and court found the business pursuits exclusion in the husband and wife's homeowner's policies allowed insurer to decline coverage because husband's ownership of the spa was the but-for cause of wife's involvement in the underlying lawsuits. Motion granted.
Publication Date: 2022-04-04
Practice Area: Insurance Law
Industry: Food and Beverage | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-0371
Since the plaintiff's second claim in his underlying "multiclaim" lawsuit against the defendant entities, American Legion affiliates serving alcohol to its patrons, was potentially covered under a business owner's insurance policy, the liquor liability exclusion within that policy did not apply to bar potential coverage. The court denied a request for declaratory judgment on other grounds.
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