• F.S. v. Crestwood Sch. Dist.

    Publication Date: 2020-11-16
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1252

    School district moved to dismiss plaintiff student's action asserting intentional discrimination on the basis of her disabilities in violation of the Rehabilitation Act and the equal protection clause of the fourteenth amendment and court found complaint concerned the denial of a FAPE, student's injuries related to a FAPE and dismissed for failure to exhaust administrative remedies. Motion granted.

  • Stoud v. Susquehanna County

    Publication Date: 2020-10-26
    Practice Area: Civil Rights
    Industry: Legal Services | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1168

    Both parties moved for motions in limine in plaintiffs' Title VII and Pennsylvania Human Relations Act action and court found plaintiff did not need to present expert testimony as to his future earnings, attorney-client privilege applied to county solicitor but he could be questioned about matters that fell within the crime-fraud exception and plaintiff did not establish the qualifications of his human resources and management procedures expert. Granted in part and denied in part.

  • Robert D. Mabe, Inc. v. Optum RX

    Publication Date: 2020-08-10
    Practice Area: Discovery
    Industry: Insurance | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0856

    Discovery requests denied where plaintiffs, who alleged that they were in competition with defendant, requested defendant's confidential and proprietary business information, such that a protective order would be insufficient to protect defendant's interests. Plaintiffs' motion to compel discovery denied.

  • Stoud v. Susquehanna County

    Publication Date: 2020-07-20
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0776

    County moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act retaliation and hostile work environment action and court found plaintiff sufficiently established all elements of his title VII retaliation claim including an adverse employment action where he showed protected activity, felt compelled to resign his position, his new position was clearly a demotion and there was a "temporal proximity" between his protected activities and the retaliatory response. Motion denied.

  • Stoud v. Susquehanna County

    Publication Date: 2020-07-20
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0776

    County moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act retaliation and hostile work environment action and court found plaintiff sufficiently established all elements of his title VII retaliation claim including an adverse employment action where he showed protected activity, felt compelled to resign his position, his new position was clearly a demotion and there was a "temporal proximity" between his protected activities and the retaliatory response. Motion denied.

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    New Jersey Estate Litigation 2014

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

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  • United States v. Muskey

    Publication Date: 2020-07-13
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0738

    Defendant moved for compassionate release and transfer to home confinement based on the COVID-19 pandemic and court found it lacked jurisdiction because defendant failed to exhaust his BOP administrative remedies. Motion denied.

  • Whited v. The New Caf at Greystone Gardens

    Publication Date: 2020-04-13
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0391

    Plaintiff server and defendants, restaurant and manager, moved for summary judgment in plaintiff's Fair Labor Standards Act, Pennsylvania Wage Payment and Collection Law, Pennsylvania Minimum Wage Act and retaliation action over manager taking a percentage of plaintiff's tips and court found manager's participation in the tip pool was a violation of the FLSA and MWA but plaintiff's complaint to her coworker did not qualify as protected activity and her retaliation claim failed. Motions granted in part and denied in part.

  • United States v. Carey

    Publication Date: 2020-01-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0048

    Defendant moved to suppress evidence found in his cell phones asserting the 25-day delay between the seizure and the warrant application was constitutionally unreasonable and court found the delay was not so unreasonable as to violate defendant's fourth amendment rights. Motion denied.

  • Higgins v. Bayada Home Health Care, Inc.

    Publication Date: 2019-12-16
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1444

    Plaintiff granted leave to amend collective and class action complaint where official opt-in notice period would give plaintiff definitive notice of plaintiffs in other states and potentially other state law claims. Plaintiff's motion for leave to amend granted.

  • Shorter v. Samuels

    Publication Date: 2019-12-16
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1446

    Prison inmate's failure to supervise claim based on supervisory liability constituted impermissible extension of Bivens framework where prisoners had adequate remedies and such claims implicated matters of prison administration. Defendants' motion for judgment on the pleadings granted in part and denied in part.