Philadelphia Employment Lawyers

Case Summaries

Labor & Employment Law

[01/26] Munoz v. Sociedad Espanola de Auxilio Mutuo y Beneficiencia de Puerto Rico
In a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA) and Puerto Rico's general tort statute known as Article 1802, in which the jury found for the plaintiff, the district court's denial of the defendant's motion for judgment as a matter of law and motion for a new trial is affirmed, where: 1) the evidence presented at trial was enough to support the jury's finding of retaliation; 2) the appellants waived defenses based on the statute of limitations, the exclusive remedies bar, and a purportedly erroneous jury instruction; 3) the evidence was sufficient for a reasonable jury to find the requisite fault or negligence to sustain an Article 1802 claim; and 4) the awards of damages and attorney fees were proper.

[01/26] EEOC v. Great Steaks, Inc.
On a defendant's motion for attorney's fees after it had prevailed on a Title VII claim by the EEOC alleging sexual harassment of an employee, the district court's denial of the motion is affirmed, where the district court did not abuse its discretion in: 1) finding that the EEOC's case was not frivolous, unreasonable, or groundless, and thus denying fees under Title VII's fee-shifting provision; 2) declining to award attorney's fees under EAJA, as EAJA's mandatory fee provision did not apply, given the availability of fees under Title VII; and 3) denying the motion for attorneys' fees and costs under 28 USC section 1927.

[01/24] Marken v. Santa Monica-Malibu Unified School District
In a suit by a public school teacher who had been investigated for sexually harassing a student, requesting a preliminary injunction against disclosure of his personnel records to a parent of a student at the school, the district court's denial of the request is affirmed and the parent's appeal from denial of an ex parte application to intervene in the action is dismissed, where: 1) a person has the right to file a "reverse-CPRA action" seeking a judicial ruling precluding the holder of confidential public records concerning that person from disclosing the documents; but 2) the trial court properly denied the request for a preliminary injunction because the public interest in disclosure of the investigation report and letter of reprimand outweighed the teacher's privacy interest; and 3) the appeals court did not have jurisdiction to review the denial of the application to intervene.

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ERISA

[01/26] The DIRECTV Group, Inc. v. US
In a case involving the calculation and payment of segment closing adjustments associated with a corporation's sale of certain business units that included the transfer of defined benefit pension plans, the decision of the United States Court of Federal Claims granting summary judgment in favor of the corporation is affirmed, where: 1) the Claims Court did not err by calculating segment closing adjustments based on the assets and liabilities of the entire segment, rather than only the assets and liabilities that the corporation retained; and 2) the Claims Court correctly determined that the corporation's segment closing obligations could be satisfied by the cost savings realized by the government in the successor contracts.

[01/23] Leeson v. Transamerica Disability Income Plan
In an action under ERISA challenging the termination of the plaintiff's long-term disability benefits that was dismissed by the district court for lack of standing to pursue an ERISA claim and thus lack of federal subject matter jurisdiction, the dismissal is vacated and the case remanded, as the plaintiff's status as a participant for purposes of ERISA was a substantive element of his claim, not a prerequisite for subject matter jurisdiction.

[01/11] Scibelli v. Prudential Insurance Company
In an appeal from an order of the district court dismissing, on summary judgment, plaintiff's ERISA claim, 29 U.S.C. section 1132, order is vacated where based on the relevant evidence, the Group Policy language, and the unexplained inconsistency in the Plan Administrator's award of benefits, the deceased beneficiary was "totally disabled" under the terms of subject Group Policy when he stopped working, and therefore, his estate is entitled to the proceeds of a group life insurance policy.

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Workers' Comp

[01/11] Pacific Operators Offshore, LLP v. Valladolid
In an appeal from a judgment of the appeals court vacating an administrative dismissal of respondent's Outer Continental Shelf Lands Act (OCSLA) claim for benefits as a surviving spouse, judgment is affirmed where a claimant seeking benefits under the OCSLA must establish a substantial nexus between the injury and extractive operations on the shelf.

[12/13] In the Matter of Elrac, Inc. v. Exum
In an appeal from a judgment of the appellate division permitting arbitration of a claim by plaintiff-employee for uninsured motorist benefits, judgment is affirmed because a self-insured employer whose employee is involved in an automobile accident may be liable to that employee for uninsured motorist benefits, notwithstanding the exclusivity provision of the Workers' Compensation Law.

[10/31] County of Kern v. Workers' Comp. Appeals Bd
In an appeal from a judgment of the trial court affirming an administrative decision in a claim for worker's compensation, judgment is affirmed where a volunteer firefighter with a local nonprofit firefighting organization was a county employee for purposes of workers' compensation coverage under Labor Code section 3361.1.

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Civil Rights

[01/27] AE v. County of Tulare
In a suit arising from the sexual assault of a minor by his foster brother, alleging against the county that ran the foster home a claim under 42 USC section 1983 for deliberate indifference and claims for negligence pursuant to California statutes, the district court's dismissal of all claims against the county is reversed, where: 1) the district court abused its discretion when it denied leave to amend the complaint to cure defects in the section 1983 claim; 2) the district court abused its discretion by dismissing the derivative liability claims against the county with prejudice and without leave to amend when it granted leave to amend as to the allegations regarding defendant county social workers.

[01/26] Munoz v. Sociedad Espanola de Auxilio Mutuo y Beneficiencia de Puerto Rico
In a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA) and Puerto Rico's general tort statute known as Article 1802, in which the jury found for the plaintiff, the district court's denial of the defendant's motion for judgment as a matter of law and motion for a new trial is affirmed, where: 1) the evidence presented at trial was enough to support the jury's finding of retaliation; 2) the appellants waived defenses based on the statute of limitations, the exclusive remedies bar, and a purportedly erroneous jury instruction; 3) the evidence was sufficient for a reasonable jury to find the requisite fault or negligence to sustain an Article 1802 claim; and 4) the awards of damages and attorney fees were proper.

[01/26] Kenney v. Head
In a case under 42 USC section 1983 alleging that the events surrounding the plaintiff's arrest constituted a deprivation of his constitutional rights, the district court's denial of the plaintiff's motion for a new trial is affirmed, where there was no error in the district court's evidentiary ruling excluding certain alleged statements offered to show the motive for the arrest.

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