409 results for 'court:"USDC Eastern District of Pennsylvania"'.
J. Murphy denies Philadelphia's motion to dismiss Fourteenth Amendment and conspiracy claims from an individual who spent 27 years in prison before having his murder conviction vacated. After the original conviction was vacated due to fabricated evidence, the individual agreed to plead no contest to a lesser third-degree murder charge, which meant he would not have to go through another trial and would not have to spend any more time in prison. Allowing the individuals claims to proceed would not necessarily invalidate the second conviction, as "it is plausible that the second conviction is insulated from the conduct he claims violated his constitutional rights."
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: July 21, 2023, Case #: 2:22cv3474, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
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J. Pappert grants Pepperidge Farm’s motion to dismiss a group of delivery drivers’ claims that they have been wrongly classified as independent contractors rather than employees by the company. The undisputed facts, such as the fact that they received pandemic-era business loans, show that they operated as independent contractors.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: July 14, 2023, Case #: 2:20cv3881, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor
J. Kearney denies an insurance company's motion to dismiss a couple's unfair trade practices claim that was filed after the insurance company refused to pay the girlfriend's claim after they were hit by a vehicle while riding bikes. The boyfriend added his girlfriend to his car insurance policy prior to the accident and paid an additional premium for her to be listed on the account; it is still unclear what her being added entitles her to.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: June 29, 2023, Case #: 2:23cv1732, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Sitarski denies a company’s motion for Rule 11 Sanctions. The company alleges a former employee left the company, went to work for a competitor, and continued to access its systems after his employment ceased. The company has not presented adequate evidence to support its claims, and not enough to merit sanctions against the former employee.
Court: USDC Eastern District of Pennsylvania, Judge: Sitarski, Filed On: June 27, 2023, Case #: 5:22cv4557, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Trade Secrets
J. Hodge grants the Philadelphia Parking Authority’s (PPA) motion to dismiss in this matter concerning parking violations. A citizen had outstanding parking violations and her vehicle was impounded. When she went to pay the tickets and fines to retrieve the vehicle, instead of being assessed the amount of violations pertaining to the vehicle, she was presented with a list of violations under her name totaling $3,705, which included violations by her mother, who shares the same name, going back decades. The citizen went through the process of attending an administrative hearing where they affirmed that she must pay the fines before retrieving the vehicle, but did not notify the citizen of the corrected amount of $1,063; her vehicle was subsequently sold at auction. While the court grants dismissal to the PPA, as it acted properly, as well as all individual defendants, it denies dismissal to the City of Philadelphia. The citizen sufficiently argued that the Bureau of Administrative Adjudication (BAA), as part of the City of Philadelphia, may have violated her constitutional right to due process under the Fourteenth Amendment.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: June 27, 2023, Case #: 22-1155, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Municipal Law
J. Alejandro grants Amtrak’s motion for summary judgment in this employment matter. A former inspector for Amtrak claims he was terminated because he is African-American, but he presents no evidence to support his claims of discrimination and retaliation. While the inspector was employed with Amtrak, investigators found he had accepted a suit and shoes and a furnace for his church from an Amtrak contractor, which violates Amtrak’s Standards of Excellence and Conflict of Interest Policy, and the violation is the basis for his termination. The instant court finds the inspector did not meet his burden of proof and evidence is insufficient to support his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Alejandro, Filed On: June 27, 2023, Case #: 21-5355, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Marston denies a Township’s motion to dismiss in this matter concerning a resolution. The Pennsylvania State Lodge Fraternal Order of Police and Springfield Township Police Benevolent Association (PBA) use the Thin Blue Line American Flag as part of their organizational activities to show support for law enforcement, with the PBA having incorporated it into its logo. But the Township believes it is viewed negatively by many groups and communities and is divisive as it symbolizes police brutality and racial animosity; as such, the Springfield Township Board of Commissioners passed Resolution 1592 which works to eliminate the display of the Thin Blue Line American Flag Symbol by any Township employee, agent or consultant while on duty, when representing the Township or on any Township owned property. The PBA claims the resolution violates the First and Fourteenth Amendments to the United States Constitution, and specifically, section three prohibiting the display and affixation of the symbol on Township-owned property negatively impacts the organization, as it would prohibit them from displaying its logo during gatherings and fundraising events held in places such as public parks, which they have done in the past and wish to do in the future. The instant court finds the organizations have legal standing.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: June 27, 2023, Case #: 2:23-cv-332, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Municipal Law