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  • Brennan v. FSD Pharma Inc.

    Publication Date: 2021-12-27
    Practice Area: Employment Litigation
    Industry: Agriculture | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1502

    Given appellate authority emphasizing the primacy of forum selection clauses in determining venue, the court chose to dismiss plaintiff's claim on the basis of a forum selection clause in his employment agreement, leaving the chosen venue to decide the merits of his claim that the contract had been orally modified. The court dismissed plaintiff's claim claims conditionally and without prejudice

  • Kolenich v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1488

    Board erred in finding claimant adjunct professor ineligible for unemployment benefits where he worked for three colleges and only one gave him reasonable assurance of employment for the next term because claimant's loss of employment at two of the colleges where he worked did not trigger the exception in §402.1(1) since neither of those educational institutions gave him reasonable assurance of employment. Reversed.

  • Peters v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-12-06
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1416

    Plaintiff appealed the denial of his workers' compensation claim for injuries from an automobile accident occurring after an employer sponsored event at a pub and court found the traveling employee doctrine applied and claimant did not abandon his employment but that there was an unresolved conflict of testimony as to where claimant was coming from at the time of the accident. Vacated and remanded.

  • Engle v. Ellwood City Area Sch. Dist.

    Publication Date: 2021-11-29
    Practice Area: Employment Litigation
    Industry: Education
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1314

    The court held that school board's termination of plaintiff's position as an assistant principal was supported by substantial evidence of a decline in enrollment of almost 8% over four years such that furlough was warranted and the board's decision should not be disturbed on appeal. Notice of appeal dismissed.

  • Yazbek v. Hill Int'l Inc.

    Publication Date: 2021-11-29
    Practice Area: Employment Litigation
    Industry: Construction | Consulting
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1316

    The court held that there was no error in sustaining defendant's preliminary objection to plaintiff's complaint sounding in breach of contract and wrongful termination because the employment contract contained a forum selection clause barring suit anywhere other than Qatar. Alternatively, there was no valid contract between plaintiff and defendant. Appeal denied.

  • Law Journal Press | Digital Book

    New York Employment Law 2025

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Orbital Eng'g, Inc. v. Buchko

    Publication Date: 2021-11-29
    Practice Area: Employment Litigation
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1385

    Defendant moved for partial summary judgment in action over his termination and the enforcement of a non-compete agreement and court found there were genuine issues of material fact as to defendant's alleged willful misconduct that a jury had to resolve. Motion denied.

  • Fraternal Order of Police Lodge No. v. City of Philadelphia

    Publication Date: 2021-11-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1356

    Police officers were entitled to due process to challenge their placement on list for officers not to be called to testify in criminal trials due to prior allegations of misconduct, as placement on the list injured right of reputation. Order of the trial court affirmed in part and vacated and remanded in part.

  • Lombardi v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-11-15
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1320

    Board erred in denying claimant's petition because claimant showed she sustained injuries while in the course and scope of her employment when she tripped in building lobby because, while employer did not require her to buy her breakfast in building food court, she had to pass through the area where she fell to reach her workplace and she would not have been in the building "but for her work." Reversed.

  • Reading Sch. Dist. v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-11-15
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1324

    Employer challenged board's denial of its termination, suspension and suspension/modification petitions and court found claimant had an ongoing disability but WCJ failed to engage in sufficient analysis of employer's last job offer letter and remanded that issue. Affirmed in part, vacated in part and remanded in part.

  • Smith v. Serv. Employees Int'l Union, Local 668

    Publication Date: 2021-11-01
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1242

    Defendants moved to dismiss plaintiff's complaint alleging first and fourteenth amendment violations in union's not ceasing to deduct union dues until the annual window period in plaintiff's membership application and court found Janus v. AFSCME, 138 S. Ct. 2448, did not extend a first amendment right to avoid paying union dues when those dues arose from a contractual commitment signed before Janus was decided. Motion granted.