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  • Vangjeli v. Banks

    Publication Date: 2020-10-19
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1146

    Defendants, security guards at federal building acting under a federal contract, moved for summary judgment on official immunity and derivative sovereign immunity grounds in plaintiffs' personal injury action after guard tackled her and court found reasonable jury could find that it was not "absolutely necessary" to detain plaintiff, to place handcuffs on her, to prevent her leaving the facility or to tackle her and defendants were not entitled to derivative sovereign immunity. Motion denied.

  • Davis v. The State

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0311

    The district court declined to broaden the scope of the defendant franchisor's duties to its franchisees beyond those defined in the franchise agreements as neither the Pennsylvania Supreme Court nor the U.S. Court of Appeals for the Third Circuit has definitively held that the duty of good faith extends beyond actually franchise termination. The court granted defendant's motion for summary judgment.

  • Takiedine v. 7-Eleven, Inc.

    Publication Date: 2020-03-23
    Practice Area: Contractual Disputes
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0326

    Defendant franchisor moved for summary judgment in plaintiff franchisee's action asserting breach of the covenant of good faith and fair dealing, breach of contract, unconscionability, unjust enrichment, conversion and fraud, and court stayed for arbitration the vendor negotiating practice claims and dismissed the other claims because good faith only applied to franchise relationships in the context of termination and the franchise agreement section providing that plaintiff was an independent contractor imposed no obligations on defen

  • Dudhi v. Temple Health Oaks Lung Center

    Publication Date: 2020-03-16
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0283

    Plaintiff's status as a permanent employee and a comparator's status as a temporary worker demonstrated a meaningful difference between their employment situations; therefore, plaintiff could not rely on this comparator evidence to establish a prima facie case of discrimination as the two employees were not similarly situated. The court granted employer's motion for summary judgment.

  • Sauers v. Oak Prop. Mgmt. LP

    Publication Date: 2020-03-02
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0235

    Court denied plaintiff's request to amend his complaint in his action over township's passing of a zoning ordinance because he failed to plead facts to show defendants were state actors to support his federal civil rights claims, failed to plead diversity jurisdiction for his state law claims and court declined to exercise supplemental jurisdiction over those claims. Motion denied.

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  • Power v. Lockheed Martin Corp.

    Publication Date: 2020-01-27
    Practice Area: Civil Rights
    Industry: Aerospace | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0085

    Defendant moved for summary judgment in plaintiff's age discrimination, retaliation and hostile work environment complaint and court found plaintiff established a prima facie case for age discrimination but failed to sufficiently show retaliation or a hostile work environment. Motion granted in part and denied in part.

  • Kramer v. COMHAR

    Publication Date: 2020-01-20
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0038

    Plaintiff's motion to compel production of documents relating to alleged complaints of workplace harassment and bullying denied where plaintiff failed to argue or specify how the alleged complaints directly related to the claims plaintiff had asserted. Plaintiff's motion to compel production denied.

  • Jimenez v. Best Behavioral Healthcare, Inc.

    Publication Date: 2019-12-23
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1484

    Fair Labor Standards Act plaintiff entitled to liquidated damages where employer's reliance on industry practices and failure to cite specific legal or accounting advice for FLSA compliance meant employer could not demonstrate good faith or objective reasonableness. Plaintiff's motions granted in part and denied in part.

  • Sauers v. Oak Prop. Mgmt. LP

    Publication Date: 2019-12-23
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1489

    Defendants moved to dismiss pro se plaintiff's complaint alleging multiple claims against private defendants over township's grant of variances to defendants and court found plaintiff failed to plead that defendants were state actors for his due process and civil rights claims, court declined to exercise supplemental jurisdiction over plaintiff's state law claims and plaintiff's motion to amend to add federal civil rights claims was denied because he did not adequately plead state action. Defendants' motion granted, plaintiff's motion

  • Jimenez v. Best Behavioral Healthcare, Inc.

    Publication Date: 2019-12-16
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1455

    Plaintiff moved for liquidated damages, attorney fees and costs after court granted summary judgment in his Fair Labor Standards Act action and court granted the motion for liquidated damages and awarded all fees and costs requested except for one fee. Motion granted in part and denied in part.