108 results for 'court:"USDC Western District of Pennsylvania"'.
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J. Bissoon dismisses constructive discharge and hostile work claims against the school district. The wife of her now-deceased husband failed to prove her husband, who had Crohn’s disease, was discriminated against to the point he had to resign because he continued working there until his death. Details supporting the claim of hostile work were insufficient, so the court will allow the wife to submit an amended claim.
Court: USDC Western District of Pennsylvania, Judge: Bissoon, Filed On: December 21, 2023, Case #: 2:23cv33, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bisson grants Waste Management’s partial motion to dismiss a former employee’s age discrimination, retaliation and harassment claims brought after he was fired for violating a company rule. The former employee’s claims fail because the cited laws apply to race, not age discrimination. The company is further ordered to file an answer to the surviving portions of the complaint.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1876, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bisson grants the Extra Mile Education Foundation’s motion to dismiss, without prejudice, discrimination claims for firing a school counselor with an amputated leg. The counselor failed to provide evidence sufficient to show that Extra Mile was a joint employer with Crossroads Foundation, which allegedly failed to accommodate her disability. Her remaining claim will proceed against the Crossroads Foundation.
Court: USDC Western District of Pennsylvania, Judge: Bisson, Filed On: December 15, 2023, Case #: 2:22cv1864, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
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. Conti finds that SoClean may pursue certain defamation claims concerning statements defendants made at a 2021 trade show which blamed ozone-based cleaning products for causing defendants' sleep apnea ventilators to release cancerous gasses as the machines degrade. SoClean proved the statements caused it to lose all but one major distributors, even though defendants were aware that there had been no established correlation between the use of ozone-based cleaning products and the degradation of polyurethane foam. Further expert testimony is required to determine the extent of the additional defamation claims.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: November 17, 2023, Case #: 2:22cv542, NOS: Other Statutory Actions - Other Suits, Categories: Defamation, Product Liability, Business Practices
J. Stickman allows Estes Express Lines to pursue secondary environmental tort claims contending U.S.A. Lamp and Ballast Recycling failed to pay cleanup costs for a mercury spill that occurred at Estes' trucking terminal due to the improper storage and packing of hazardous material. Estes provided evidence that additional cleanup costs had been incurred under the comprehensive environmental response, compensation and liability act, which allows plaintiffs to pursue identical claims against the same defendant in subsequent litigation based on additional test results and future cleanup costs.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: October 19, 2023, Case #: 2:23cv1228, NOS: Environmental Matters - Other Suits, Categories: Environment, Negligence, Contract