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Barrick v. Weis Markets, Inc.

Publication Date: 2018-08-28
Practice Area: Employment Litigation
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1013

The defendant employer was entitled to the relief sought in its motion to dismiss plaintiff's complaint for failure to exhaust administrative remedies where she failed to cure deficiencies in her unverified charge form five, despite being given opportunities to do so. The court granted defendant's motion to dismiss.
Hughes v. Wilkes-Barre Hosp. Co.

Publication Date: 2018-08-28
Practice Area: Civil Procedure | Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealong
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1004

Defendants in a medical malpractice proceeding were not entitled to an order sealing the settlement records, because they failed to rebut the presumption in favor of public access to judicial records.
Dixon v. J. Scott Watson

Publication Date: 2018-08-28
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1021

Debt collection violated FDCPA's venue provision by bringing a debt collection action in the debt-holder's state of residence rather than the state where the debtor either executed the underlying contract giving rise to the debt or the state where the debtor resided at the time of the debt collection action. Plaintiff's motion for summary judgment granted in part and denied in part; defendant's cross-motion for summary judgment denied.
Berardelli v. Allied Serv. Inst. of Rehabilitation Med.

Publication Date: 2018-08-28
Practice Area: Civil Rights | Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1023

District court's jury instructions were flawed in student's Rehabilitation Act action over school's refusal to allow her service dog to accompany her to school. Vacated and remanded.
Crawford v. SugarHouse HSP Gaming, LP

Publication Date: 2018-08-28
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1001

The evidence at trial, including a surveillance video, established that an employee of the defendant casino was actively negligent when he walked quickly through a crowded casino aisle while pulling a hand truck behind him such that he was unable to see the truck's movement, including when it rolled over plaintiff's foot. The court entered a verdict in plaintiff's favor.
Moffitt v Tunkhannock Area Sch. Dist.

Publication Date: 2018-08-28
Practice Area: Education Law | Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1022

School principal was properly dismissed for immorality under the school code after his second arrest for DUI because parents and teachers in the community testified that petitioner's conduct set a bad example for students and was offensive to the morals of their community. Affirmed.
Bohmier v. Arrell et al

Publication Date: 2018-08-28
Practice Area: Land Use and Planning
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1011

Plaintiff's complaint failed to sufficiently state a claim for alleged violations of his due process rights arising out of a land use matter where there were no allegations that land use officials engaged in the type of egregious behavior that would satisfy the shocks-the-conscience standard. The court granted defendants' motion to dismiss.
Top of the Hill Plaza Partners, L.P. v. Hayden Holdings

Publication Date: 2018-08-28
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1000

Where the easement language at issue was confusing and capable of multiple reasonable interpretations, the court considered the language of the deed, the subject matter at issue and surrounding circumstances to determine the parties' intent and found that defendant's predecessor intended the grant an express easement. The court denied defendants' motion for post-trial relief.
Bland v. City of Newark et al

Publication Date: 2018-08-28
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1014

The police officers who discharged their weapons in two encounters with plaintiff during a high-speed chase did not violate his clearly established constitutional rights by using excessive force where the officers reasonably believed that plaintiff was armed and posed a mortal threat to pursuing officers as well as the public. The court reversed an order denying the officers summary judgment.
In re W.R. Grace & Co.

Publication Date: 2018-08-28
Practice Area: Bankruptcy | Mass Torts
Industry: Insurance | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1025

The bankruptcy court correctly held that plaintiffs' Montana claims were included in the terms of the channeling injunction in the asbestos settlement agreement because the claims fit the text of the injunction and were not excluded from it but vacated and remanded the portion of the decision that the Montana claims could be enjoined under §524(g)(4). Affirmed in part and vacated in part.

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