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Publication Date: 2024-04-19
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 637 C.D. 2021
Employee's union appealed the trial court's order denying its petition to vacate grievance arbitrator's supplemental remedy award, which concluded that employer owed no back pay to a wrongfully terminated employee who failed to seek alternative employment prior to reinstatement. The court affirmed where the arbitrator's remedy derived its essence from the parties' collective bargaining agreement and violated no well-defined public policy.
Publication Date: 2024-04-19
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 229 C.D. 2023
The court reversed the trial court's order overruling appellants' objections to the upset sale of real property and found that appellee Schuylkill County Tax Claim Bureau failed to comply with the notice requirements in §602 of the Real Estate Tax Sale Law because appellee failed to comply with §607.1(a) of RETSL that required appellee to make additional efforts to notify appellants of the upset sale beyond those in §602.
Publication Date: 2024-04-19
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4708
Court remanded overtime pay case where the Labor Management Relations Act did not preempt the action since the sole issue in the case required interpretation of state wage-and-hour laws rather than the parties' collective bargaining agreement. Plaintiff's motion for remand granted.
Publication Date: 2024-04-19
Practice Area: Consumer Protection
Industry: Federal Government | State and Local Government | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 20-2266
State and federal regulators failed to prove that publishing company violated telemarketer statutes where there was no clear and convincing evidence that reasonable customers would have been misled regarding the nature and terms of the trial offer, the cost of subscription, and the process to cancel at the end of the trial offer. Judgment entered for defendants.
Publication Date: 2024-04-19
Practice Area: Personal Injury
Industry: Food and Beverage | Hospitality and Lodging
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 1861 EDA 2023
Appellant restaurant appealed the grant of a new trial on damages in appellee's slip and fall case and court reversed trial court's grant of a new trial on damages and remanded for the court's consideration of appellee's claim that the jury's $1,000 verdict was against the weight of the evidence. Order reversed.
Law Journal Press | Digital Book
Authors: PAUL DEPETRIS
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Publication Date: 2024-04-19
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schmehl
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1034
University moved for summary judgment and court found it violated federal disability law in enforcing a blanket no-exceptions policy in denying immunocompromised faculty member's request for an accommodation of remote teaching without considering the individual circumstances of the faculty member. Motion denied in part and granted in part.
Publication Date: 2024-04-19
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 1745 MDA 2022
Established jurisprudence held that the Post Conviction Relief Act time-bar was jurisdictional, and applying a jurisdictional limitation was not unconstitutional where the PCRA had mechanisms to allow defendants to assert ineffective assistance of PCRA counsel claims. Order of the PCRA court affirmed.
Publication Date: 2024-04-19
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 001230-CV-2023
The court denied defendants' motion to open default judgment and defendant LLC's motion to strike default judgment but granted individual defendant's motion to strike default judgment in an action over a construction remodeling contract.
Publication Date: 2024-04-19
Practice Area: Intellectual Property
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1281
The parties cross-appealed the district court's judgment.
Publication Date: 2024-04-19
Practice Area: Land Use and Planning
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1354 C.D. 2021
Use variance applicant failed to present sufficient evidence of unnecessary hardship where prior uses were irrelevant as the zoning code had been amended to expressly prohibit the proposed use and where Zoning Board of Adjustment was free to discredit applicant's expert's opinions. Order of the trial court reversed.
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