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Publication Date: 2023-01-16
Practice Area: Government
Industry: Education | Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-3535
United States moved to dismiss plaintiff's Federal Tort Claims Act action asserting United States failed to advise him of the risks of a student loan he claimed he could not repay because he was an overeducated white male subjected to affirmative action policies by employers and court found United States was immune from suit for the claims and court lacked jurisdiction. Motion granted.
Publication Date: 2022-12-19
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-1487
While plaintiff's supervisor may have mistreated her during the course of her employment, there was no evidence to indicate that such mistreatment was because of plaintiff's race; therefore, she failed to meet her burden of proof on her hostile work environment claim. The court granted defendants' motion for summary judgment.
Publication Date: 2022-12-12
Practice Area: Antitrust
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 21-3500
Plaintiff moved to represent all colchicine purchasers of brand name and generic colchicine through a class action asserting a conspiracy to restrain trade and to monopolize and court found plaintiff did not make a threshold showing of plausibility since plaintiff relied on an expert opinion from an economist who assumed facts based on plaintiff's counsel's proffered assumptions. Motion denied.
Publication Date: 2022-12-12
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 221410
Various lawsuits arising from COVID-19 infections in nursing homes constituted separate healthcare events under corporate liability insurance policy, where each suit concerned the actions or inaction of the operating subsidiary company and alleged different circumstances leading to the resident's infection. Plaintiff's motion for judgment as a matter of law granted, defendant's motion for judgment as a matter of law denied.
Publication Date: 2022-11-21
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
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Case Number: 22-1010
Defendant moved for summary judgment on plaintiff's action alleging race and ancestry discrimination and retaliation under title VII and §1981 in his termination and court found plaintiff failed to produce evidence he was fired because of race or ancestry discrimination or retaliation and he produced no evidence of pretext for defendant's legitimate, nondiscriminatory reasons for terminating him. Motion granted.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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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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