401 results for 'court:"USDC Eastern District of Pennsylvania"'.
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
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J. Leeson grants a manufacturer’s motion to compel arbitration against a former employee alleging race discrimination. The contract the plaintiff entered into upon starting employment, which agreed to arbitrate such matters, is valid and enforceable.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 19, 2024, Case #: 5:23cv2622, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Employment Discrimination
J. Beetlestone grants in part Rite Aid’s motion to seal certain portions of the summary judgment record in this trademark dispute with a font maker who alleges the pharmacy used one of its typefaces, Neutraface, in its multi-million dollar corporate rebrand without the maker’s permission. It is reasonable to redact some of RiteAid’s proprietary financial data that was used to weigh this case.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 18, 2024, Case #: 2:22cv1174, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Business Practices
J. Wolson grants in part a paralegal’s motion to certify a collective action against the City of Philadelphia District Attorney’s Office alleging it misclassifies paralegals as exempt under the Fair Labor Standards Act, and that they should get overtime pay. Conditional certification of her collective action is appropriate, although it is not appropriate for the court to certify it to proceed as a class action.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 18, 2024, Case #: 2:23cv32, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Baylson grants, in part, the transit authority’s motion to dismiss a former employee’s pro se suit alleging she was discriminated against because she is Black and because she requested accommodations for a shoulder injury and eye disability. The employee failed to sufficiently plead a case for race discrimination based solely on one supervisor who “made comments about hanging.”
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: March 18, 2024, Case #: 2:23cv1260, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Scott grants a teen cheerleader’s father’s motion to dismiss in this nuanced defamation suit wherein the mother of a squad member of his daughter’s harassed his daughter by sending anonymous text messages to the cheerleading gym’s owner, alleging the teenager was vaping, drinking and posting revealing pictures online. The mother failed to state a claim for defamation by saying she was falsely accused in the media by the father of creating deepfakes of the girl.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Defamation
J. Baylson denies Thomas Jefferson University’s motion for judgment on the pleadings over a female medical resident’s sex discrimination claim stemming from her allegedly being raped when at a party at the home of an attending male physician, but does order a new trial on on her Title IX claim. The jury’s verdict on the sex discrimination claim was not against the weight of evidence, however a new trial is warranted in part because the university’s counsel was not allowed to cross-examine important witnesses and because the court should not have excluded certain text messages that contradicted the medical resident’s testimony at trial.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: March 14, 2024, Case #: 2:20cv2967, NOS: Employment - Civil Rights, Categories: Education, Employment, Evidence
J. Wolson grants an online auction site’s motion to dismiss a real estate company’s claim that it encountered a chamber of horrors after buying a property subject to a senior lien. The company bought the property without a warranty, subject to terms of service with the site, and thus cannot maintain a claim for failing to disclose that someone held a lien on the property.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 11, 2024, Case #: 2:23cv2518, NOS: Other Fraud - Torts - Personal Property, Categories: Property, Real Estate, Warranty
J. Beetlestone grants in part a group of children’s motion for leave to amend their first amended complaint to reflect the broader proposed class that they seek to certify in this civil rights suit alleging Sesame Place characters refused to interact with the children because of their race. SeaWorld, the owner of Sesame Place, has not shown that it would be prejudiced if leave to amend were granted.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 8, 2024, Case #: 2:22cv2941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Class Action