34 results for 'judge:"Brann"'.
J. Brann allows student’s class claim against Bucknell University for holding remote classes, rather than in-person schooling, during the Covid-19 pandemic. The college retained the student’s full tuition paid for in-person learning and it was not clear a reasonable opportunity was provided for the student to reject the change and be reimbursed.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: February 23, 2024, Case #: 4:23cv1907, NOS: Other Contract - Contract, Categories: Education, Class Action, Contract
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J. Brann a father’s denies motion for partial summary judgement after his children were killed in a motor vehicle accident in which the mother hit a deer and their vehicle was disabled in the path of a tractor trailer retained by Gateway Freight System. Gateway’s motion for partial summary judgement is granted because the broker is not liable for the actions of the truck company or its driver. A material dispute exists regarding whether Gateway negligently entrusted the trucking company with the shipment.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: December 18, 2023, Case #: 4:21cv156, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Brann finds for the department of corrections since evidence does not support gender discrimination claims contending a corrections officer was fired for reporting that a sergeant called her a "bedazzled twat," a slang word used at the correction institute to accuse female officers of sleeping with management for workplace perks, because the record indicates the officer chose to quit rather than wait for her transfer request to be honored.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 28, 2023, Case #: 4:21cv68, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress, Contract
J. Brann allows a customer service employee to advance sexual harassment claims contending she was made to feel "like a prostitute" when a customer offered to purchase a vehicle from her if she would go on a date with him. The dealership was aware the employee was being harassed because she reported lewd behavior to human resources as evidenced by overlapping information in both parties' fact-finding discovery.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: October 3, 2023, Case #: 4:23cv765, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Brann grants class certification to approximately 400 Shop-Vac factory workers seeking damages under under the Worker Adjustment and Retraining Notification Act based on claims that they had been terminated without severance pay and lost health care coverage without notice when the corporation shuttered the Williamsport manufacturing plant. Employees who signed an arbitration agreement upon being re-hired by Shop-Vac's successor may join as subclass plaintiffs because they are sufficiently similar in numerosity and common interests.
Court: USDC Western District of Pennsylvania, Judge: Brann, Filed On: September 14, 2023, Case #: 4:21cv976, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action, Labor
J. Brann permits a Penn State athlete to pursue certain gender discrimination claims against the university and her fencing coach because, even though she sufficiently stated claims against the school and her coach, she failed to prove the coach acted in his professional capacity when he tormented her about her weight and belittled her due to her gender.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: August 11, 2023, Case #: 4:22cv529, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Brann dismisses certain negligence claims contending a gymnastics camp counselor groomed and sexually assaulted an underage female camper in 2016 but allows a camper to continue negligence claims against the coach in his individual capacity. Plaintiff may also continue vicarious liability claims contending the camp allowed the hiring manager to re-hire the counselor after receiving multiple complaints of misconduct and concerning the counselor's "inappropriate sexual relationship that included indecent contact with a minor female gymnast."
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: July 20, 2023, Case #: 4:22cv1407, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence