10 results for 'judge:"Haines"'.
J. Haines finds that a technician driver may continue wrongful termination and retaliation claims contending employer National HME failed to make a good faith effort to accommodate his request for light-duty, right-handed work after he sustained a series of work-related injuries to his lower back and left shoulder. Evidence indicates the employer responded that "no accommodating work was available," and the driver identified a causal connection between his request and his termination the following day.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: November 21, 2023, Case #: 3:23cv40, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Workers' Compensation
J. Haines awards Kids 2 more than $19,000 in sanctions based on testimony that plaintiffs' attorney "made countless improper objections, including repeatedly coaching his witnesses and testifying himself, and instructed his witnesses not to answer on more than two dozen instances" during the deposition phase of a wrongful death action.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: September 27, 2023, Case #: 3:21cv166, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Wrongful Death, Attorney Fees
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J. Haines dismisses copyright claims contending Netflix impermissibly used a photograph of plaintiff's tattoo design in the second season of the documentary series "Tiger King." The tattoo, which caricaturized documentary subject Joe Exotic, "along with a Lysol brand aerosol can, illustration of five COVID-19 viruses, and a toilet paper banner with the words 'Quarantine 2020,'" is protected under the fair use act as a social comment on the widespread success of the first season of "Tiger King" during the pandemic.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: September 18, 2023, Case #: 3:22cv131, NOS: Copyrights - Property Rights, Categories: Copyright, Property
J. Haines finds that Idlewild Park and SoakZone may force a lifeguard to arbitrate sexual harassment claims contending she had been fired when employers discovered she was in a relationship with a woman because the employer sufficiently pleaded the employee received a digital copy of the company's arbitration agreement upon hire and that her termination preceded the "ending forced arbitration of sexual assault and sexual harassment act" of 2021.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: June 27, 2023, Case #: 3:22cv165, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Lgbtq