MEMORANDUM RE: MOTION TO DISMISS BAYLSON, District Judge. I. Introduction Plaintiff First Mercury Insurance Company ("Plaintiff") brought this declaratory judgment action (the "Federal Action"), pursuant to 28 U.S.C. 2201, in order to determine the applicability of certain coverage exceptions in a policy it issued to Defendant Legends, Inc. ("Legends"). Defendants Legends and Jobin J. Granstrom ("Granstrom") (collectively, "Moving Defendants 1 ") filed a Motion to Dismiss (ECF 9) (the "...
MEMORANDUM BUCKWALTER, Senior District Judge. Currently pending before the Court is the Motion by Defendants CVS Caremark Corporation, Caremark RX, LLC, Caremark, LLC, and Silverscript, LLC (collectively "Defendants") to Dismiss Relator's First Amended Complaint. For the following reasons, the Motion is denied in its entirety. I. FACTUAL AND PROCEDURAL BACKGROUND The present litigation is an action to recover damages and civil penalties on behalf of the United States of America arising...
MEMORANDUM AND ORDER JOYNER, Chief Judge. Before the Court are the Defendants' Motion for Summary Judgment (ECF No. 21) and the Plaintiff's Motion for Partial Summary Judgment (ECF No. 24). For the reasons set forth in this Memorandum, we grant the Defendants' Motion in part and deny it in part, and we deny the Plaintiff's Motion. I. BACKGROUND This matter arises out of the tragic deaths of the Plaintiff's decedent, Andrea Yvonne Arrington, and Aaron Michael, the son of Defendant Officer...
MEMORANDUM OPINION RUFE, District Judge. Before the Court are Petitioner Wayne Coombs's Objections to the Report and Recommendation filed by United States Magistrate Judge Thomas J. Reuter ("R & R"). Petitioner asserts that Judge Reuter erred in his conclusion regarding the ultimate issue in this case — whether the prosecutor's use of preemptory strikes during jury selection in Petitioner's underlying criminal trial violated the Equal Protection Clause. According to Petitioner, he has met...
MEMORANDUM OPINION SAVAGE, District Judge. This action brought under the Family and Medical Leave Act ("FMLA") 1 presents the question whether a parent of a special needs child is entitled to FMLA leave to make suitable arrangements for the care of her child. We conclude that she is. Plaintiff, Rachel Wegelin, contends that defendant, the Reading Hospital and Medical Center ("Reading Hospital"), violated the FMLA by refusing to grant her leave to find alternative daycare arrangements for...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. Gary Christy (Plaintiff) brings this action under the Fair Debt Collections Practices Act (FDCPA) against EOS CCA (Defendant). Defendant moved for summary judgment. ECF No. 13. For the reasons that follow, the Court will grant Defendant's Motion for Summary Judgment. I. BACKGROUND 1 Plaintiff is a resident of Willow Grove, Pennsylvania, and works as a horticulturalist manager at a local country club. See Christy Dep. 8:22-9:17, ECF No. 13,...
MEMORANDUM & ORDER JOYNER, Chief Judge. Before this Court are Defendants' Motions for Summary Judgment (Doc. Nos. 22, 23 and 24), Plaintiff's Response thereto (Doc. No. 27), and Defendants' Reply in further support thereof (Doc. No. 30). For the reasons set forth below, the Court grants the Defendants' Motions. I. FACTUAL AND PROCEDURAL BACKGROUND Angela Miller ("Miller" or "Plaintiff"), an African-American woman, is the alleged victim of discrimination while she was a student in the...
MEMORANDUM ANITA B. BRODY, District Judge. Plaintiffs Annette Torres and Patrick Boyle, both police officers in the Philadelphia Police Department, bring suit against three of their supervisors, Sgt. Robert Deblasis, Lt. Anthony LaSalle, and Capt. Allen Clark. In their Amended Complaint, Plaintiffs allege retaliation in violation of the First Amendment (Count I), racial discrimination under the Equal Protection Clause (Count II), violations of Title VII (Counts IV and VI), and violations of...
MEMORANDUM ANITA B. BRODY, District Judge. Plaintiff Williamsburg Commons Condominium Association ("Williamsburg") brings suit against Defendant State Farm Fire and Casualty Company ("State Farm") for declaratory judgment and breach of contract, or in the alternative, for fraudulent misrepresentation and unjust enrichment. I exercise diversity jurisdiction over Williamsburg's claims pursuant to 28 U.S.C. 1332. State Farm previously filed a motion to dismiss and strike parts of Williamsburg'...
OPINION SLOMSKY, District Judge. TABLE OF CONTENTS I. INTRODUCTION ...................................................................621 II. FACTUAL AND PROCEDURAL SUMMARY .................................................622 III. ERISA STANDARD OF REVIEW .......................................................625 IV. ANALYSIS .......................................................................628 A. Definition of "Disability" and Plaintiffs Depression and Anxiety ...........628 B....
MEMORANDUM OPINION TUCKER, District Judge. Presently before the Court is Defendant General Information Services, Inc.'s Motion for Judgment on the Pleadings (Doc. 40); Plaintiff Shamara King's Response in Opposition thereto (Doc. 46); the United States' Response in Opposition thereto (Doc. 52); and Defendant's Reply (55). For the reasons set forth below, this Court will deny Defendant's motion. BACKGROUND The Fair Credit Reporting Act, 15 U.S.C. 1681-1681x ("FCRA"), regulates the...
MEMORANDUM OPINION TUCKER, District Judge. Presently before the Court is Defendant's Motion for Summary Judgment (Docs. 13 & 15) and Plaintiff's Response in Opposition thereto (Doc. 14). Upon consideration of the parties' motions with briefs and exhibits, and for the reasons set forth below, Defendant's Motion will be granted. I. FACTUAL BACKGROUND 1 Plaintiff John J. Murphy ("Murphy") brings this action against Defendant Radnor Township ("Radnor" or the "Township") for alleged...
MEMORANDUM ANITA B. BRODY, District Judge. This action has been brought by Lauren G., and her parents Scott G. and Jacqueline G. ("Parents"), against West Chester Area School District (the "District"). Parents allege that the District failed to provide Lauren with a free appropriate public education ("FAPE") in violation of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1400, et seq., and 504 of the Rehabilitation Act ("RA"), 29 U.S.C. 794. 1 This action stems...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. INTRODUCTION Several Defendants have challenged the admissibility of the Government's proffered expert testimony regarding the identities and alleged La Cosa Nostra ranks of other, non-defendant individuals mentioned in a consensual recording made by then-acting government informant, Nicholas Stefanelli, at the La Griglia Restaurant, in Kenilworth, New Jersey, on May 19, 2010 (the "La Griglia Tape"). 1 In addition to oral objections raised...
MEMORANDUM McLAUGHLIN, District Judge. This personal injury and wrongful death action arises out of injuries allegedly suffered by the plaintiffs' son after he ingested a dose of the over-the-counter medication, Children's Tylenol. The Children's Tylenol was produced by McNEIL-PPC, Inc. ("McNEIL-PPC") at its Fort Washington, Pennsylvania production facility. The plaintiffs allege that their son's injuries and eventual death are directly attributable to quality control problems and defective...
MEMORANDUM ANITA B. BRODY, District Judge. I. Background Direct and Indirect Purchasers of a steroid nasal spray containing the active ingredient fluticasone propionate ("FP"), along with Roxane Laboratories, Inc. ("Roxane"), a generic FP manufacturer, brought actions against Defendant SmithKline Beecham Corporation, doing business as GlaxoSmithKline PLC ("GSK"). GSK manufactures Flonase, the branded version of FP. The various Plaintiffs allege antitrust and state consumer violations that...
MEMORANDUM DALZELL, District Judge. Plaintiff Edward M. Seamans ("Seamans") sues defendant Temple University ("Temple") for violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681s-2(b). Temple filed a motion for summary judgment. As Temple's motion requires the little construed intersection of the Higher Education Act, 20 U.S.C. 1001 et seq., with the FCRA, we necessarily must write at some length. I. Factual Background The parties do not dispute that in 1989...
MEMORANDUM BARTLE, District Judge. The twelve plaintiffs 1 are former employees of defendant Amalgamated Life Insurance Company ("Amalgamated"). In their amended complaint, plaintiffs allege that they are entitled to benefits under a defined benefit pension plan sponsored by Amalgamated. Plaintiffs contend that in denying them benefits under this plan, Amalgamated has violated provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1003-1461. Before the court are...
MEMORANDUM O'NEILL, District Judge. Plaintiff and counterclaim-defendant QVC, Inc. brings an action for breach of contract seeking declaratory relief, equitable relief and damages against its vendor, defendant and counterclaim-plaintiff MJC America, Ltd., d/b/a Soleus International, Inc. Soleus has asserted a counterclaim for breach of contract against QVC. The parties' claims against each other arise out of QVC's purchase from Soleus of electric space heaters and other items in 2007 and...
MEMORANDUM AND ORDER JOYNER, Chief Judge. Before the Court is the Motion to Dismiss of the Defendants, Mortgage Electronic Registration Systems, Inc. ("MERS") and MERSCORP, Inc. (ECF No. 6). For the reasons set forth in this Memorandum, the Motion is granted in part and denied in part. I. BACKGROUND 1 The Plaintiff, the Montgomery County, Pennsylvania, Recorder of Deeds, brings this putative class action, on behalf of herself and a proposed class of all similarly situated county recorder'...
