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Publication Date: 2024-09-13
Practice Area: Wage and Hour Litigation
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2854
Plaintiffs moved for approval of a negotiated Fair Labor Standards Act settlement of their collective action against their employer. The court granted the motion, holding that the proposed FLSA settlement of plaintiffs' overtime wage claims for day-rate compensation was fair and reasonable and that the proposed awards of attorneys' fees and service awards for the originating plaintiffs were appropriate in their entirety.
Publication Date: 2024-09-13
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3076
Pennsylvania Department of Corrections failed to carry its burden to deny religious accommodation requests under the Religious Land Use and Institutionalized Persons Act where it did not identify compelling interests only legitimate penological interests that were served by denying the accommodations or show that its policies were the least restrictive means of fulfilling those interests. Order of the district court vacated, case remanded.
Publication Date: 2024-09-13
Practice Area: Land Use and Planning
Industry: Health Care | Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 70114 OF 2023, M.D.
Appellant filed a land use appeal challenging appellee township's denial of its application for a conditional use approval to operate a residential drug and alcohol rehabilitation facility at a designated site. The court granted the appeal, holding that appellee township abused its discretion in denying the conditional use where the proposed use fell within the same general character as other uses within the zoning district and appellant failed to demonstrate that the use would have a detrimental impact on the surrounding community.
Publication Date: 2024-09-13
Practice Area: Civil Rights
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 164 M.D. 2023
Court dismissed inmate's petition against DOC secretary for failing to allege her personal involvement in purported constitutional violations or adequately allege how prison officials had violated his First and Eighth Amendment rights due to prison conditions/regulations. Respondents' preliminary objections sustained.
Publication Date: 2024-09-13
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2476
District court's denial of appellant Green's severance motion was improper because Green and co-defendant Murphy presented mutually antagonistic defenses, Murphy inculpated Green in a federal investigation during his testimony and the risk of prejudice was quite high. Reversed.
Law Journal Press | Digital Book
Authors: Mary Anthony Merchant
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Publication Date: 2024-09-13
Practice Area: Contractual Disputes
Industry: Health Care
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordero
Attorneys: For plaintiff:
for defendant:
Case Number: 1546 of 2018, G.D.
The court denied defendant's motion to dismiss for failure to join an indispensable party pursuant to Pa. R. Civ. P. 1032(b). Plaintiff, a skilled nursing facility that housed defendant's late father, sued defendant for breach of contract and violation of the Uniform Voidable Transactions Act after defendant signed a responsible person agreement, a Mt. Macrina Manor release and acknowledgment and, allegedly in contravention of the contract, received ownership of three parcels of real estate from his father in exchange for $1. Defendan
Publication Date: 2024-09-13
Practice Area: Employment Litigation
Industry: Education
Court: Superior Court
Judge: Judge Lane
Attorneys: For plaintiff:
for defendant:
Case Number: 1909 EDA 2023
Former employee's breach of contract claims failed where employee handbook expressly stated that employment was at will; however, trial court erred in sustaining preliminary objections to defamation claim against former supervisor where his statements were capable of being proven true or false and understood to have a defamatory meaning. Judgment affirmed in part and reversed in part.
Publication Date: 2024-09-13
Practice Area: Tax
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 44 C.D. 2023
County Board of Assessment Appeals appealed the trial court's order reversing Board's decision denying taxpayer a charitable real estate tax exemption for certain property. The court affirmed, holding that taxpayer's evidence proved its compliance with the Institutions of Purely Public Charity Act and related law and, thus, its entitlement to the requested charitable real estate tax exemption.
Publication Date: 2024-09-13
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 379 M.D. 2024
Objectors petitioned to set aside nomination papers of the Socialism and Liberation candidates for President and Vice President of the United States in the November 2024 general election. The court granted the petition, holding that Socialism and Liberation's nomination papers and slate of candidates had to be struck where seven of the body's presidential electors were registered Democrats and thus were disqualified under the Pennsylvania Election Code's disaffiliation provision.
Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 648 OF 2023
Defendant filed an omnibus pretrial motion that included a motion to suppress evidence and pretrial writ of habeas corpus. The court denied the motion, holding that police had probable cause to obtain sequential drug trafficking search warrants for two apartments where a confidential informant made controlled drug buys from defendant's downstairs apartment and, subsequently, defendant and others fled to an upstairs unit as officers arrived to execute the first search warrant. The court held further that the Commonwealth presented evid
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