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Publication Date: 2024-06-03
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2758
Appellant appealed the district court's orders dismissing various claims, denying his motion to amend his complaint, and granting summary judgment in favor of Capital One Bank USA N.A.
Publication Date: 2024-05-31
Practice Area: Premises Liability
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV2022-00791
The court denied defendants' motion for summary judgment finding multiple disputes issues of material fact.
Publication Date: 2024-05-31
Practice Area: Labor Law
Industry: Financial Services and Banking | Distribution and Wholesale
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2552
ERISA retirement plan participants adequately alleged breaches of fiduciary duties by plausibly alleging that the plan was charged excessive recordkeeping fees based on data showing rates charges to other plans and the fact that the plan switched to a lower-cost provider with no change in the kind or quality of services. Order of the district court vacated and remanded.
Publication Date: 2024-05-31
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 409 M.D. 2023
Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.
Publication Date: 2024-05-31
Practice Area: Administrative Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hey
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2825
Plaintiff sought review of defendant's denial of his claim for child disability benefits and supplemental security income. The court granted defendant's uncontested motion for remand after concluding an administrative law judge failed to properly evaluate the opinion of plaintiff's treating psychiatrist regarding plaintiff's mental disability.
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Authors: Michael P. Maslanka
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Publication Date: 2024-05-31
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 47 M.D. 2021
Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.
Publication Date: 2024-05-31
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1582
The court affirmed the district court's denial of appellant's motion to suppress evidence seized as a result of his arrest for possessing, receiving, and making child pornography and traveling in interstate commerce with the intent to have sexual contact with a minor.
Publication Date: 2024-05-31
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-02127
Plaintiffs appealed the court's entry of summary judgment dismissing their claim for declaratory relief in their wrongful death and survival action alleging medical malpractice against certain medical providers after the death of their son. The court concluded that its order should be affirmed where plaintiffs' settlement of their tort claim for corporate negligence based on a hospital's allegedly improper delegation of the duty of oversight meant they no longer had standing to seek a judicial declaration that the underlying professio
Publication Date: 2024-05-31
Practice Area: Class Actions
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1541
Plaintiffs sought certification of a damages class and multiple issue classes in their putative class action alleging abuse and related claims arising during their residence at a private residential rehabilitative institution. The court in pertinent part denied certification of a damages class where plaintiffs failed to demonstrate requisite commonality and typicality among putative class members, who were over one thousand former residents of the institution who allegedly suffered individual forms of abuse during their time at the fa
Publication Date: 2024-05-31
Practice Area: Constitutional Law
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 2826
The court defended its order denying plaintiff's motion to strike defendant's jury demand asserting that the appeal is an impermissible interlocutory appeal, and the decision was within the trial court's discretion.
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