• Castillo v. Guerra

    Publication Date: 2024-03-22
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1579 EDA 2023

    Appellant appealed the trial court's order denying his petition for issuance of an order containing specific factual findings regarding appellant's nephew, which were necessary to petition the U.S. Citizenship and Immigration Services for special immigration juvenile status. The court affirmed, concluding that appellant's nephew did not qualify for SIJS where the trial court did not appoint appellant to serve as nephew's legal custodian, and nephew instead lived with appellant pursuant to a custody agreement with nephew's mother.

  • McGowan v. Lower Moreland Twp.

    Publication Date: 2024-03-22
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-06366

    Objector appealed the court's order dismissing her land use appeal for lack of standing. The court concluded that the Commonwealth Court lacked appellate jurisdiction because objector's appeal was not timely filed and that in any event, objector lacked standing in the first instance.

  • Crawford v. Penn Cent. Corp.

    Publication Date: 2024-03-22
    Practice Area: Expert Witnesses
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cunningham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 210201573

    In this §1925(a) opinion, the trial court urged the Superior Court to affirm its decision to reconsider the preclusion of the plaintiff's expert witness and removing the nonsuit it granted as a result so that the case could be remanded for a full trial on the merits.

  • Hill v. Pennsylvania Parole Bd.

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Fizzano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 134 C.D. 2023

    Court vacated parole board's calculation of parole violation maximum date where it was unclear from record of sentencing hearing whether trial court accepted all the terms of defendant's plea bargain allocating credit for pre-sentence confinement between his new county sentence and original state sentence. Order of the parole board vacated and remanded.

  • Oliver v. Universal Health Serv., Inc.

    Publication Date: 2024-03-22
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-4353

    Defendant employer moved to dismiss plaintiff's action over his termination and court found plaintiff's retaliation claims under Title VII, § 1981, and the Pennsylvania Human Relations Act survived summary judgment because genuine disputes of material fact remained as to both causation and pretext and his Wage Payment and Collection Law and unjust enrichment claims were a factual question for a jury. Motion denied.

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    Takeovers & Freezeouts

    Authors: Martin Lipton, Erica H. Steinberger

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  • Bonilla v. Adecco USA, Inc.

    Publication Date: 2024-03-22
    Practice Area: Employment Litigation
    Industry: E-Commerce | Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5:23-cv-02741

    Defendant staffing agency moved to enforce an electronically executed contractual arbitration agreement in plaintiff employees' action alleging sex and gender-identity discrimination. The court granted the motion and stayed the action pending arbitration where defendant offered evidence that plaintiffs had digitally signed the enforceable arbitration agreement when they were hired, in keeping with defendant's routine onboarding procedure.

  • Conrad v. Dep't of Transp. (Workers' Compensation Appeal Bd.)

    Publication Date: 2024-03-22
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 557 C.D. 2022

    Act 111 was constitutional where it merely clarified the guidelines for conducting an impairment rating evaluation after removing language overturned by the supreme court, and did not constitute a special law as it did not treat specific workers differently from other employees entitled to workers' compensation. Order of the Workers' Compensation Appeal Board affirmed.

  • Vega v. Jones

    Publication Date: 2024-03-22
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2827-CV-2020

    Prevailing plaintiff appealed the court's order molding her jury verdict to include delay damages. On remand from the Superior Court, the court re-calculated plaintiff's delay damages and entered its award accordingly.

  • Honey v. Lycoming County Offices of Voter Serv.

    Publication Date: 2024-03-22
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 57 C.D. 2023

    Cast vote records were the electronic equivalent of the "contents" of a ballot box or voting machine and thus were exempt from public disclosure under the Election Code and constitutional protections for ballot secrecy. Order of the trial court reversed.

  • Doe v. Austin

    Publication Date: 2024-03-22
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-3287

    School district's alleged failure to train employees to work with students with emotional disorders lacked causal connection to student's harm and thus could not support a substantive due process claim. Defendants' motions to dismiss granted in part and denied in part.