• Giordano v. Ashfield Healthcare, LLC

    Publication Date: 2024-11-15
    Practice Area: Employment Litigation
    Industry: Health Care | Pharmaceuticals
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Weintraub
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-06839

    In this §1925(a) opinion, the trial court defended its order sustaining the preliminary objections of appellee Ashfield Healthcare and dismissing appellant's wrongful termination claim with prejudice.

  • Lynch v. Tasty Baking Co.

    Publication Date: 2024-11-08
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-4445

    Defendant sought sanctions based upon the litigation conduct of plaintiff's counsel. The court granted the motion, imposing monetary sanctions against plaintiff's counsel based upon the expenses and attorney fees incurred by defendant as a result of plaintiff's counsel's violations of the court's orders.

  • Zipovsky v. City of Hazelton Aggregated Pension Bd.

    Publication Date: 2024-10-25
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1063 C.D. 2023

    The court affirmed the order of the Luzerne County Court of Common Pleas that concluded that it lacked subject matter jurisdiction over appellant's petition for review of the determination of his retirement benefits when the police union's collective bargaining agreement with the City was the exclusive method of challenging his retirement benefit. It found appellant had standing to grieve his pension benefits under the CBA, and erroneously petitioned the trial court for an appeal rather than engage in the CBA's grievance and arbitrat

  • Payne v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-10-25
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 900 C.D. 2023

    The court affirmed the determination of the Unemployment Compensation Board of Review denying claimant's application for unemployment benefits because she voluntarily terminated her employment without a necessitous and compelling cause.

  • Pippinger v. Bimbo Bakeries USA, Inc.

    Publication Date: 2024-10-18
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Hey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24-2533

    The court found that plaintiff's claims of a change in her work schedule and denial of days off did not constitute tangible employment actions and plaintiff's claims of being denied a supervisory position and the opportunity to pursue employment with an outside vendor were too speculative to survive, however found that plaintiff stated a plausible quid pro quo harassment claim based on allegations that her supervisor thwarted her transfer or promotion to the company's corporate headquarters.

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  • In re Kim

    Publication Date: 2024-10-16
    Practice Area: Civil Rights | Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24-2601

    Kaeun Kim, acting pro se, petitioned for a writ of mandamus seeking to compel the disclosure of a surveillance video, impose sanctions against Prudential Financial, Inc., and stay his criminal proceedings in New Jersey state court.

  • Dunne v. Elton Corp.

    Publication Date: 2024-10-01
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Montgomery-Reeves
    Attorneys: For plaintiff: Margherita A. Capolino, Caroline English, Pascal F. Naples, ArentFox Schiff, Washington, DC; Elizabeth Hopkins, Susan L. Meter, Kantor & Kantor, Northridge, CA; Teresa Renaker, Kristen G. Scott, Renaker Scott, San Francisco, CA for plaintiff.
    for defendant: Curtis J. Crowther, Robinson & Cole, Wilmington, DE; Linda L. Morkan, Robinson & Cole, Hartford, CT; Timothy J. Snyder, Young Conaway Stargatt & Taylor, Wilmington, DE; Melissa D. Hill, Morgan Lewis & Bockius, New York, NY; Brian M. Killian, James D. Nelson, Morgan Lewis & Bockius, Washington, DC; Russell L. Hirschhorn, Proskauer Rose, New York, NY; John E. Roberts, Proskauer Rose, Boston, MA; Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE; Anthony F. Shelley, Theresa S. Gee, Miller & Chevalier, Washington, DC; C. Scott Reese, Cooch & Taylor, Wilmington, DE for defendant.

    Case Number: 23-1499

    Family trust established to pay pensions to domestic employees was not subject to ERISA coverage where it could not qualify as a multiple-employer plan due to the lack of necessary connection between the family members and the family members' lack of involvement in managing the trust.

  • Burns v. McDonough

    Publication Date: 2024-09-27
    Practice Area: Employment Litigation
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:23-cv-01810-JDW

    Defendant employer sought summary judgment on plaintiffs' claims of race, color and gender discrimination and retaliation. The court granted the motion in part and denied it in part, holding that plaintiffs failed to present a prima facie claim of discrimination where they suffered under a difficult boss but offered no evidence that they were treated poorly on the basis of their race or sex. The court held further that plaintiffs presented viable claims for retaliation where evidence showed that defendant revoked its offer to transfer

  • Thomas v. Benshaw, Inc.

    Publication Date: 2024-09-27
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Cercone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:21cv553

    Defendant moved for sanctions and plaintiff filed an "emergency" motion to extend in plaintiff's action alleging discrimination on the basis of race, hostile work environment and retaliation and court dismissed plaintiff's complaint as a sanction for plaintiff's failure to respond to discovery requests and continually filing "emergency" motions to extend the deadline to retain new counsel where over 500 days had passed since court granted plaintiff's counsel's motion to withdraw from the case and plaintiff had failed to respond to dis

  • Morrissey v. St. Joseph's Preparatory Sch.

    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.