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  • Swanson v. Salvin Dental Specialties, Inc.

    Publication Date: 2023-07-24
    Practice Area: Labor Law
    Industry: Health Care | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:23-cv-00247

    Defendant moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act claims of gender discrimination and court found plaintiff sufficiently alleged he was replaced by a less-qualified employee outside his "protected class" giving rise to an inference of gender-based animus. Motion denied.

  • Leeck v. Lehigh Valley Health Network

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-4634

    Defendant moved to dismiss plaintiff's title VII and Pennsylvania Human Relations Act action over her termination from employment after she refused to comply with defendant's mandatory COVID-19 and influenza vaccine requirements on religious grounds and court found plaintiff alleged additional facts about her religious beliefs that rose above a "blanket privilege" and her title VII claim survived defendant's motion to dismiss but her PHRA claim did not because she never filed a complaint with the PHRC. Motion granted in part and denie

  • Harbor Bus. Compliance Corp. v. FIRSTBASE.IO, Inc.

    Publication Date: 2023-05-22
    Practice Area: Contracts
    Industry: Software
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:23-cv-00802

    Court allowed trade secret claims to proceed where plaintiff had pled sufficient facts to identify the trade secrets at issue and support an inference that defendant misappropriated those trade secrets to develop and market its products. Defendant's partial motion to dismiss denied in part and granted in part.

  • Swanson v. Salvin Dental Specialties, Inc.

    Publication Date: 2023-05-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:23-cv-00247

    Defendant moved to dismiss plaintiff's gender discrimination and retaliation claims in plaintiff's Age Discrimination in Employment Act and title VII action over his termination and court found plaintiff failed to plead sufficient facts to support his claim of gender discrimination but did allege a plausible retaliation claim. Motion granted in part and denied in part.

  • State Farm Fire & Cas. Co. v. Rockinmusik LLC

    Publication Date: 2023-05-08
    Practice Area: Insurance Law
    Industry: Education | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-04243

    Insurer sought a declaratory judgment it had no obligation to defend or indemnify defendant music school for teacher's alleged assault and battery on a student and court found the policy did not cover the alleged injury from teacher's allegedly intentional sexual acts because the injury as not caused by an "occurrence." Motion granted.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • Juste v. U.S. Postal Serv.

    Publication Date: 2023-04-10
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-03683

    Defendants USPS and its employee driver moved to dismiss plaintiffs' negligence action over automobile accident between USPS vehicle and their car and court found defendants properly removed the state court action to federal court, moved to dismiss and asserted immunity and court found that under the derivative jurisdiction doctrine, it had no subject matter jurisdiction and any amendment would be futile because plaintiffs failed to exhaust an administrative claim against the United States as the only proper defendant. Motion granted.

  • Torres v. United States

    Publication Date: 2023-03-20
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:21-cv-04953

    Plaintiff sued under the Federal Tort Claims Act after a postal service vehicle truck her car and court found plaintiff failed to prove her migraines and related cognitive symptoms were causally related to the collision but did show collision caused sprain injuries to her arm, shoulder and neck, those injuries were not "serious" under the Motor Vehicle Financial Responsibility Law and court awarded medical costs, property damage and lost wages. Judgment for plaintiff.

  • Samiam Group, LLC v. Coopersberg Assoc., Inc.

    Publication Date: 2023-02-20
    Practice Area: Patent Litigation
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-2256

    Both parties moved for summary judgment in plaintiff's action asserting infringement of its design patent for a baseball bat shaped drinking vessel and common law unfair competition and defendant's counterclaim alleging the patent was invalid and court found plaintiff's patent was valid because defendant failed to rebut the presumption of validity, a genuine dispute of material fact existed as to whether a jury could find infringement and plaintiff's unfair competition claim was preempted by federal patent law. Motions granted in part

  • A.A. v. City of Lancaster et al

    Publication Date: 2023-01-09
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-01621

    Plaintiffs could not maintain their substantive due process claims against the individual detectives involved in the execution of a search warrant since challenges to the reasonableness of a search or seizure by government agents fall under the fourth amendment of the U.S. Constitution, and not the fourteenth. The court granted defendants' motion to dismiss in part.

  • Stoudt v. BCA Indus.

    Publication Date: 2022-12-26
    Practice Area: Business Torts
    Industry: Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-01900

    Defendants moved for summary judgment in plaintiff's action for breach of fiduciary duty, conversion, civil conspiracy, fraud in the inducement, intentional infliction of emotional distress, tortious interference, and negligent misrepresentation over a tire shredding machine and court found plaintiff failed to state a claim for relief on any of his grounds but one defendant's motion to dismiss for improper venue was denied. Motion granted in part and denied in part.