21 results for 'judge:"Mannion"'.
J. Mannion grants New York Magazine’s motion to dismiss an expert witness’s claims of false light and invasion of privacy concerning an article stating he was a “fraud.” The expert, who hangs his hat as a criminal profiler, says the magazine omitted several critical facts, but he identified no falsehoods and has not shown the reporter acted with actual malice.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 14, 2024, Case #: 3:23cv2166, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, First Amendment
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J. Mannion grants summary judgment to a township and two of its town supervisors, who were sued by the police chief and two officers over a dispute considering traffic enforcement. The police said one supervisor, who rebuked them for not ticketing more tractor-trailers on the highway, overstepped his authority and attempted to order them around in retaliation for exercising their First Amendment rights to the irate supervisor. The police failed to show actionable retaliatory conduct, as the town board member’s comments amounted to immature criticism and mere rudeness, and he had no authority to compel the officers to act.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: March 1, 2024, Case #: 3:19-2115, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Retaliation, First Amendment
J. Mannion allows a school administrator to pursue first amendment claims accusing the district of scapegoating her as a criminal suspect after another teacher disbursed a list of sensitive personal information belonging to other administrators, which included her own "salaries, raises, and social security number," because the administrator's bargaining activities and her political endorsement of a school board candidate constituted protected speech pertinent to public concern.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 30, 2023, Case #: 3:23cv278, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation, First Amendment
J. Mannion allows plaintiffs to continue contract claims against Kia, which, along with Nissan and Hyundai, is accused of failing to provide services purchased under now-defunct dealers' "set for life program" because plaintiffs established Kia was aware of and approved ad campaigns promising to cover all routine maintenance for one lump sum, including oil changes and tune ups, and thus may have a duty to honor the contracts. However, fraud and unfair business practices claims should be dismissed as duplicative.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 29, 2023, Case #: 3:20cv1838, NOS: Other Contract - Contract, Categories: Fraud, Warranty, Contract
J. Mannion grants a policyholder's motion to remand insurance contract claims to Lackawanna County since she properly joined the claims adjuster, who "destroys diversity," based on allegations that he attempted to threaten and harass her during an interview to discourage her from pursuing claims for fire damages to her vehicle.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: July 21, 2023, Case #: 3:23cv247, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Mannion allows an employee, a Black, 75-year-old truck driver, to continue age and race discrimination claims concerning his termination. The employee and a younger, white driver had received the same traffic citation when a Pennsylvania state trooper pulled them over for speeding while they were hauling water together. When the employer learned about the incident, the employee had been fired after being scapegoated for a guardrail collision he had not caused, while his coworker got off with a warning. The employer failed to provide evidence of the employee's involvement in the collision, and his vehicle showed no signs of damage.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 23, 2023, Case #: 3:20cv2126, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination