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Pennsylvania Fiduciary Duty Law
 
Robin Feeko v. Pfizer Inc

Appellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for
severance beAppellants Robin Feeko, Nelida Marengo, and Janet Rodgers brought claims for
severance benefits under Pfizer’s Severance Plan on behalf of themselves and the
 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 do... More...
   $0 (04-03-2016 - PA)

Milton Orozco-Velasquez v. Attorney General United States

An alien must reside in the United States “for a continuous period of not less than 10 years” to be eligible for cancellation of removal.3 Orozco-Velasquez, a Guatemalan native and citizen, arrived in the United States in September 1998 or February 19994 without being admitted or paroled. On May 9, 2008, Orozco-Velasquez was served with a NTA, ordering him to appear before an IJ in Elizabeth, Ne... More...   $0 (04-03-2016 - PA)

Jeffrey Wiest v. Tyco Electronics Corp

We review the record in the light most favorable to the party opposing summary judgment—here, the plaintiff. See Reedy v. Evanson, 615 F.3d 197, 210 (3d Cir. 2010). Nevertheless, we do not at the summary judgment stage of proceedings accept as true allegations unsupported in the record. See Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir. 1989) (internal citations omitted) (“[E]v... More...   $0 (02-07-2016 - PA)

AT&T Corp v. Core Communications Inc

Congress passed the Telecommunications Act of 19961 (TCA) to “fundamentally restructure[] local telephone markets.”2 Before the TCA, local telephone service companies operated as government-regulated monopolies. “States typically granted an exclusive franchise in each local service area to a local exchange carrier (LEC).”3 One of the TCA’s principal aims “was to end local telephone monopolies a... More...   $0 (12-24-2015 - PA)

Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL
leased its vehicles and provided drivers to QC, which operated “a bulk tank truck
network serving the chemical, bulk liquid, and energy markets.” App. 155. QC
contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking
sites, operated by Anadarko, an oil and gas producer and o... More...
   $0 (12-21-2015 - PA)

United States of America v. Joaquin Foy a/k/a Isa El-Mahde

Joaquin Foy appeals from an order entered by the District Court in the Eastern District of Pennsylvania on December 7, 2010, denying his motion filed under Fed. R. Civ. P. 60(d)(3) on November 18, 2010, seeking to vacate an order of civil
3
commitment pursuant to which he was confined at that time and thus requesting that he be released. Although the Eastern District Court previously had i... More...
   $0 (10-05-2015 - PA)

Reynaldo Reyes v. Netdeposit


Reyes alleges that the defendants conspired to conduct a fraudulent scheme whereby certain telemarketing firms would contact unsuspecting individuals and offer them something of little or no value. Reyes alleges that, during unsolicited phone calls with unsuspecting consumers, the telemarketers would obtain bank account information which was used to make unauthorized debits from the the co... More...
   $0 (09-05-2015 - PA)

IN RE: TRIBUNE MEDIA COMPANY, Debtor; AURELIUS CAPITAL MANAGEMENT, L.P., DEUTSCHE BANK TRUST COMPANY AMERICAS; LAW DEBENTURE TRUST COMPANY OF NEW YORK

In December 2007, the Tribune Company (which published the Chicago Tribune and the Los Angeles Times and held many other properties) was facing a challenging business climate. Sensing an opportunity, Sam Zell, a wealthy real estate investor, orchestrated a leveraged buy-out (“LBO”), a transaction by which a purchaser (in this case, an entity controlled by Zell and, for convenience, referred to by... More...   $0 (08-23-2015 - PA)

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS v. MERSCORP INC

MERSCORP, Inc., now known as MERSCORP Holdings, Inc., is the parent company that owns and operates the system, while Mortgage Electronic Registration Systems, Inc. is the entity that serves as mortgagee of record in local land recording offices. Additional background and explanation of how MERS operates is set forth in the District Court’s opinion. 2 The Recorder did not plead a quiet title claim... More...   $0 (08-04-2015 - PA)

United States of America v. Chester A. Bitterman, Jr., C. Grant Bitterman, Curtis L. Bitterman and Craig L. Bitterman

PHILADELPHIA, PA – Chester A. Bitterman Jr., 81, and his sons, Craig L. Bitterman, 55, C. Grant Bitterman, 53, and Curtis L. Bitterman, 61, were sentenced for conspiracy to defraud the United States. At sentencing hearings held on July 15, 17 and 22, U.S. District Court Judge James Knoll Gardner imposed the following sentences:



Craig L. Bitterman, of Strasburg, PA, was sen... More...
   $0 (07-23-2015 - PA)

Jared Wolfe v. Allstate Property & Casualty Insurance Company

In this insurance dispute between appellant Allstate Property & Casualty Insurance Co. (“Allstate”) and appellee Jared Wolfe, we are presented with the question of whether punitive damages awarded against an insured in a personal injury suit are recoverable in a later breach of contract or bad faith suit against the insurer. It is Pennsylvania’s public policy that insurers cannot insure agai... More...   $0 (06-25-2015 - Pa)

Deborah Hansler v. Lehigh Valley Hospital Network

Deborah Hansler requested intermittent leave from her former employer, Lehigh Valley Health Network (“Lehigh Valley”), under the Family Medical Leave Act of 1993 (“FMLA” or the “Act”), 29 U.S.C. § 2601 et seq.1 Specifically, Hansler submitted a medical certification requesting leave for two days a week for approximately one month. As alleged in the complaint, the medical certification... More...   $0 (06-22-2015 - PA)

Kayunta Johnson-Winters v. Redner's Market, Inc.

Kayunta Johnson-Winters, as succession representative of appellant Sammy Perry, contends that the District Court erred in granting summary judgment to appellee Redner’s Markets, Inc., with regard to Perry’s employment discrimination claims under Title VII and the Pennsylvania Human Relations Act (PHRA).1 Perry, an African-American man, worked at a Redner’s Markets grocery store in Lansdale, ... More...   $0 (04-22-2015 - PA)

Michael E. Siluk, Jr. v. Catherine Merwin

We are asked to interpret provisions of the Prison Litigation Reform Act (“PLRA”) requiring federal prisons to withdraw certain amounts from prisoner trust accounts to pay
1 The attorneys for the appellant are appearing pro bono following a prior order granting appellant’s motion to proceed in forma pauperis. The judges of this court express our gratitude to those attorneys for accepting... More...
   $0 (04-10-2015 - PA)

Francis X. Dougherty v. School District of Philadelphia, et al.

Appellee Francis X. Dougherty, a former employee with the School District of Philadelphia, was terminated after publicly disclosing the alleged misconduct of the School District’s Superintendent in steering a prime contract to a minority-owned business. Dougherty filed suit in the United States District Court for the Eastern District of Pennsylvania, alleging First Amendment retaliation and viol... More...   $0 (12-01-2014 - PA)

United States of America v. Robert Paladino

Robert Paladino appeals the District Court’s judgment revoking supervised release and imposing a sentence of imprisonment. Because Paladino was denied the right of allocution at sentencing, we vacate and remand to the District Court for resentencing.
3
I.
In June 2004, Appellant Robert Paladino responded to an internet advertisement placed by an undercover federal agent that offered ... More...
   $0 (10-08-2014 - PA)

United States of America v. Gomer Thomas Williams

PHILADELPHIA - Gomer Thomas Williams, 54, of Philadelphia, PA, was sentenced today to 24 months in prison and ordered to pay restitution for a scheme to defraud clients of the legal firm where he worked. Williams was an attorney and associate with the Philadelphia law firm, Spector Gadon & Rosen (“Spector”). Between 2007 and 2012, Williams defrauded four of his trust and estate clients of app... More...   $0 (06-23-2014 - PA)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

Rox-Ann Feifer v. Westport Insurance Corporation

Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013)... More...   $0 (04-29-2014 - PA)

United States of America v. Corey Golson

This appeal stems from the controlled delivery of a parcel containing twenty pounds of marijuana (the “Parcel”) to the residence of Defendant-Appellant Corey Golson (“Golson”), where upon acceptance, state and federal law enforcement agents conducted a search of Golson‟s home pursuant to an anticipatory search warrant (the “Anticipatory Warrant”) issued by Pennsylvania Magisterial Di... More...   $0 (03-26-2014 - PA)

Edward M. Seamans v. Temple University

In this case we consider for the first time the interplay between the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681–1681x, and the Higher Education Act of 1965 (“HEA”), 20 U.S.C. §§ 1001–1155, with respect to the responsibilities of an institution of higher education that furnishes information on student loan indebtedness to a consumer reporting agency (“CRA”). Edward M... More...   $0 (02-21-2014 - PA)

Steven R. Graboff v. The Colleran Firm

This matter comes on before this Court on an appeal from an order of the District Court entered March 28, 2013, denying defendants-appellants, the American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons’ (together the “AAOS”), motion for judgment as a matter of law and for judgment notwithstanding the verdict. For the reasons we set forth we will affirm ... More...   $0 (02-20-2014 - PA)

United States of America v. Corey Golson

This appeal stems from the controlled delivery of a parcel containing twenty pounds of marijuana (the “Parcel”) to the residence of Defendant-Appellant Corey Golson (“Golson”), where upon acceptance, state and federal law enforcement agents conducted a search of Golson‟s home pursuant to an anticipatory search warrant (the “Anticipatory Warrant”) issued by Pennsylvania Magisterial Di... More...   $0 (02-11-2014 - PA)

Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim. On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his § 19... More...   $0 (01-23-2014 - PA)

Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim.

On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of hi... More...
   $0 (01-21-2014 - PA)

The Estate of Andrea Yvonne Arrington v. John Michael, Police Officer, City of Chester

In this substantive due process action involving the murder of a young woman, Officer John Michael of the Chester, Pennsylvania, police force appeals the denial of summary judgment by the United States District Court for the

_______________

*Honorable Kermit V. Lipez, United States Court of Appeals Senior Judge for the First Circuit, sitting by designation.

3

Eastern Di... More...
   $0 (12-24-2013 - PA)

Kisano Trade & Invest Limited v. Dev Lemster

In June of 2011, Kisano Trade & Invest Limited (“Kisano”) and Trasteco Ltd. (“Trasteco”), two companies owned by Vadim Shulman, filed suit in the U.S. District Court for the Western District of Pennsylvania against Dev Lemster and his company, Steel Equipment Corp. The complaint alleged violations of the Racketeer Influenced Corrupt Organizations Act (“RICO”), intentional interference ... More...   $0 (12-12-2013 - PA)

Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (“CAFA”). Erie Insurance Exchange (“Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. (“Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees tha... More...   $0 (06-28-2013 - PA)

Michael Gwynn v. City of Philadelphia

City of Philadelphia Police Officers Michael Gwynn and Brendon Ryan appeal a summary judgment entered in favor of several of their fellow officers and the City. Appellants asserted constitutional claims under 42 U.S.C. § 1983, statutory claims under the Fair Labor Standards Act, and various state law claims. For the reasons that follow, we will affirm the judgment of the District Court.

... More...
   $0 (06-25-2013 - PA)

Michael Gwynn v. City of Philadelphia

City of Philadelphia Police Officers Michael Gwynn and Brendon Ryan appeal a summary judgment entered in favor of several of their fellow officers and the City. Appellants asserted constitutional claims under 42 U.S.C. § 1983, statutory claims under the Fair Labor Standards Act, and various state law claims. For the reasons that follow, we will affirm the judgment of the District Court.

... More...
   $0 (06-20-2013 - PA)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More...
   $0 (06-07-2013 - PA)

Glenda Johnson v. Smithkline Beecham Corporation

Plaintiffs Glenda Johnson and Steven Lucier appeal an order of the United States District Court for the Eastern District of Pennsylvania denying their motion to remand this action to Pennsylvania state court. They contend that the District Court lacks subject matter jurisdiction over their claims because the parties do not have complete diversity of
5
citizenship. We conclude that the Dist... More...
   $0 (06-07-2013 - PA)

Mary Burton v. Teleflex, Inc.

Appellant Mary Burton (“Burton”) alleges that her employer, Teleflex Inc. (“Teleflex”),1 terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. Burton also alleges various state law discrimination, contract, and tort claims against Teleflex. Te... More...   $0 (02-21-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inciden... More...
   $0 (01-30-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks, Pennsylvania

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inc... More...
   $0 (01-28-2013 - PA)

Robert Zimmerman v. Norfolk Southern Corporation

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral... More...   $0 (01-24-2013 - PA)

PG Publishing Company v. Carol Aichele

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media‟s First Amendment right to gather news. Appellant PG Publishing Company (“Appellant” or “PG”) seeks review of the District Court‟s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola... More...   $0 (01-16-2013 - PA)

B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and YouthMore...   $0 (01-11-2013 - PA)

D.K. v. Abington School District

This case requires us to decide whether a public school district’s failure to designate a struggling student as disabled violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400–1419, or § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. In making this determination, we delineate for the first time the scope of the statutory exceptions to the IDEA’s statu... More...   $0 (10-14-2012 - PA)

 
 
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