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Cucchi v. Kagel

Publication Date: 2018-08-28
Practice Area: Labor Law | Whistleblower Laws
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1018

First Amendment retaliation claim dismissed where plaintiff failed to plead either that defendants had knowledge of plaintiff's protected speech or that such speech was a substantial factor in defendants' decision to terminate plaintiff. Defendants' motion to dismiss granted.
Miley v. Carpenter Tech. Corp.

Publication Date: 2018-08-28
Practice Area: Civil Procedure | Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1002

Plaintiffs could not sustain their answer to defendant's joinder complaint, which added additional defendants to this personal injury action, where they offered no excuse for their untimely answer, which was filed long after the expiration of the applicable statute of limitations. The court granted the additional defendants' motion to dismiss plaintiffs' answer.
Pa. State Employees Credit Union v. Mehlig

Publication Date: 2018-08-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Automotive
Court: Courts of Common Pleas, Carbon County
Judge: Judge Nanovic
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1009

Even though a creditor who repossessed and sold a vehicle failed to indicate whether the sale was a public or private one, the court found the sale was commercially reasonable. The court awarded the creditor a deficiency judgment.
Kephart v. Newell Fuel Serv., Inc.

Publication Date: 2018-08-28
Practice Area: Civil Rights | Employment Litigation
Industry: Energy
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1026

Defendant moved for summary judgment in plaintiff's action asserting gender discrimination in her termination but the only evidence for the non-discriminatory reason for the termination was employer's deposition testimony which raised credibility issues and the court could not assess credibility in deciding a motion for summary judgment. Motion denied.
Apacheta Corp. v. Lincare, Inc.

Publication Date: 2018-08-28
Practice Area: Contracts | Damages
Industry: Health Care | Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1012

Plaintiff demonstrated that defendant breached the parties' software development contract by terminating the contract without complying with a right-to-cure clause; however, the facts were insufficient to allow the court to arrive at an intelligent estimate of expectation damages without conjecture. The court awarded plaintiff nominal damages of one dollar.
Kupetz v. Pittston Area Sch. Dist.

Publication Date: 2018-08-28
Practice Area: Civil Rights | Employment Litigation
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1027

Defendant school district moved for summary judgment in plaintiff's age discrimination complaint asserting he was denied a promotional opportunity but plaintiff produced sufficient evidence to show that the district's stated reason was pretextual. Motion denied.
Brodhead Creek Assoc., LLC v. County of Monroe

Publication Date: 2018-08-28
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1007

The court declined to set aside a judicial sale where the property owner received actual notice of the intended sale, but failed to appear.
In re Energy Future Holdings Corp.

Publication Date: 2018-08-22
Practice Area: Bankruptcy | Civil Appeals | Creditors' and Debtors' Rights
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: Philip D. Anker, George W. Shuster, Jr., Benjamin W. Loveland, Adam G. Landis and Matthew B. McGuire for appellants
for defendant: Michael D. DeBaecke, Mark D. Kotwick, Bradley R. Aronstam, Nicholas D. Mozal, Benjamin J. Schladweiler, George A. Davis, Jonathan Rosenberg, Daniel S. Shamah, Andrew Sorkin and Peter M. Friedman for appellees; Neil B. Glassman and Michael S. Kim for amicus curiae in support of appellants.
Case Number: D68258

Appellants were not entitled to a distribution because they did not qualify for any priority treatment under the waterfall provisions of an inter-creditor agreement.
Patel v. Patel

Publication Date: 2018-08-21
Practice Area: Contracts
Industry: Food and Beverage
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0980

Parties to contract need not be joined as indispensable parties where plaintiff was not seeking to set aside or rescind contract but instead alleged contract was null and void for failure of condition of closing. Defendant's motion to dismiss denied in part and granted in part.
Homa v. Pennsylvania Bd. of Probation and Parole

Publication Date: 2018-08-21
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0975

Prisoner's writ of mandamus for parole denied where completion of minimum RRRI sentence did not mandate parole and where parole board set forth brief statement of reasons for denying parole. Board of Probation and Parole's preliminary objections sustained.

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