401 results for 'court:"USDC Eastern District of Pennsylvania"'.
J. Baylson grants in part a borough’s motion for summary judgment in this negligence case surrounding police officers’ high-speed pursuit of a citizen who, while fleeing police, struck another vehicle, killing one passenger on impact and causing another to suffer a serious brain injury. The police officers are entitled to summary judgment because they did not intend to harm the passengers while pursuing the fleeing suspect.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: February 2, 2024, Case #: 2:22cv1695, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Negligence
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J. Murphy grants Airbnb’s motion to compel arbitration against a host who listed his apartment for rent on the platform where it was subsequently damaged by a guest who barricaded himself inside the building, changed the locks, and took full control of the unit for months. The terms of service contain a valid arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: January 29, 2024, Case #: 2:23cv1379, NOS: Other Contract - Contract, Categories: Arbitration, Property, Damages
J. Scott grants a lender’s motion to dismiss a funding specialist’s employee’s disability discrimination suit alleging that she was fired after she requested to work from home full-time due to her chronic obstructive pulmonary disease and cancer. The employee failed to show she could perform the essential functions of her job, such as printing checks, while working remotely.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: January 23, 2024, Case #: 2:22cv2778, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Brody grants in part Philadelphia’s motion for summary judgment against a former police captain’s claims that his demotion to lieutenant, following his having brain trauma from falling into a pothole, violated the Americans with Disabilities Act. The employee has failed to state a claim that the city failed to reasonably accommodate his disabilities.
Court: USDC Eastern District of Pennsylvania, Judge: Brody, Filed On: January 16, 2024, Case #: 2:19cv4377, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Labor
J. Pappert denies in part a paramour’s motion to dismiss his former girlfriend’s suit alleging breach of contract as he failed to pay half of the financing and expenses of a home they had purchased in Bryn Mawr, Pennsylvania, after he moved out and ended the relationship. The girlfriend has sufficiently alleged breach of contract.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: January 11, 2024, Case #: 2:22cv4387, NOS: Other Contract - Contract, Categories: Consumer Law, Negligence, Contract
J. Bartle discharges all parties from performance of a 2014 settlement in putative class action between the Pennsylvania Department of Human Services and the family of an autistic woman who requires 24-hour care. The family had alleged that the department’s 2011 amendments to the Omnibus Budget Reconciliation Act waiver program would terminate or substantially reduce the services they were entitled to in violation of the Social Security Act, and the parties had settled around the service agreeing to provide such care for the woman. However, the settlement agreement proved impossible to perform over the eight years since its signing, as it depended on the actions of third-party care providers.
Court: USDC Eastern District of Pennsylvania, Judge: Bartle, Filed On: January 9, 2024, Case #: 2:11cv7418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Negligence
J. Kenney grants a company’s petition for attorney fees in this racketeering case in which the firm alleged that the sued company orchestrated a yearslong fraudulent scheme involving “submitting false invoices on construction projects in order to bilk money from banks, the federal government, and subcontractors.” The request for $855,660 in attorney fees for 2,159.88 hours of work is reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: January 2, 2024, Case #: 2:21cv3384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Attorney Fees, Racketeering