410 results for 'court:"USDC Eastern District of Pennsylvania"'.
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
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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
J. Kenney grants a company’s renewed motion to assess defense fees and costs in this product liability case wherein a customer alleges its rolling walker device collapsed underneath her while she was exiting a subway car, causing her injuries. The rolling walker’s manufacturer, a third party, must pay for defense fees and costs incurred in this matter and the settlement amount since it refused to comply with court orders in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: December 29, 2023, Case #: 2:19cv268, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Attorney Fees
J. McHugh grants Philadelphia’s motion to dismiss a self-representing litigant’s complaint against the Licenses and Inspections Department for failing to back his eviction of tenants from a property, which his late mother owned, due to raw sewage in the basement. The litigant failed to state a claim for the department’s violations of his rights to due process or equal protection.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: December 22, 2023, Case #: 2:23cv4651, NOS: All Other Real Property - Real Property, Categories: Property, Due Process, Equal Protection