MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. BACKGROUND This matter arose from Joseph Ligambi's and George Borgesi's participation in the affairs of the Philadelphia La Cosa Nostra (LCN) Family, a racketeering enterprise, from 1999 to 2012. Defendant Ligambi was charged by Third Superseding Indictment as follows: Count 1 — RICO conspiracy in violation of 18 U.S.C. 1962(d); Count 39 — Conspiracy to make extortionate extensions of credit in violation of 18 U.S.C. 892(a); Count 42...
MEMORANDUM SURRICK, District Judge. Presently before the Court is Plaintiffs' Motion for Judgment on the Pleadings (ECF No. 18) and Defendant's Cross-Motion for Judgment on the Pleadings (ECF No. 20). For the following reasons, Defendant's Motion will be granted and Plaintiffs' Motion will be denied. I. BACKGROUND A. Factual Background 1. The Parties This action arises out of a dispute over a claims-made professional liability policy. Plaintiffs Brian M. Fishman and David S. Nenner &...
MEMORANDUM RE: PLAINTIFFS' MOTION TO REMAND BAYLSON, District Judge. MEMORANDUM Plaintiffs move to remand this case that was initially removed on the basis of diversity jurisdiction, contending Defendant has failed to show the amount in controversy exceeds $75,000 and Defendant's Notice of Removal was untimely. I. BACKGROUND On June 7, 2011 water damaged the granite flooring of Plaintiffs' home. Plaintiffs contend their homeowner's insurance policy with State Farm covered replacement...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. INTRODUCTION 611 II. STANDARD OF REVIEW 612 III. COMMONWEALTH DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 613 A. All Claims Against Commonwealth Defendants in Their Official Capacity 613 B. Claims Under the Eighth...
MEMORANDUM ANITA B. BRODY, District Judge. Plaintiff Operadora Maritima de Graneles, S.A. ("OMG") brings an indemnification action against Defendant Gamesa Winds US, LLC ("Gamesa") and Defendant M.S. Reed Industrial Services, Inc. ("M.S. Reed") to recover the costs of a settlement paid as a result of damage to a shipping vessel, the BBC Louisiana. OMG leased the vessel, and Gamesa and M.S. Reed were responsible for packing and stowing the cargo, specifically windmill tower sections, windmill...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. Table of Contents I. INTRODUCTION .................................................................596 II. BACKGROUND ...................................................................597 III. STANDARD OF REVIEW ...........................................................598 IV. DISCUSSION ...................................................................599 A. Applicable Law ...........................................................599 B....
MEMORANDUM EDUARDO C. ROBRENO, District Judge. Plaintiff Darlene Cellucci brings this employment discrimination action against RBS Citizens Financial Group, Inc. and its subsidiary, Citizens Bank of Pennsylvania, (collectively, "Citizens Bank"). Cellucci claims that her employment with Citizens Bank was terminated because of her age, in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621 et seq. Citizens Bank has moved for summary judgment, and, for the reasons...
MEMORANDUM ANITA B. BRODY, District Judge. Plaintiff Carolyn Freidrich ("Freidrich") alleges that Defendant Thomas Davis ("Davis") fell on and broke her arm during a December 29, 2010 flight from Philadelphia, Pennsylvania to Munich, Germany. Freidrich brings suit against Davis in federal court on the basis of diversity jurisdiction under 28 U.S.C. 1332. Davis moves to dismiss the suit for lack of subject matter jurisdiction, arguing that Freidrich fails to establish diversity of...
MEMORANDUM DuBOIS, J. I. INTRODUCTION On August 1, 2012, a federal grand jury in the Eastern District of Pennsylvania named defendants in a twenty-three count indictment. The Indictment charges defendants with, inter alia, participating in a racketeering conspiracy in violation of 18 U.S.C. 1962(d), managing an illegal gambling business in violation of 18 U.S.C. 1955, and engaging in money laundering in violation of 18 U.S.C. 1956(a)(1)(B)(i). Presently before the Court is...
MEMORANDUM DALZELL, District Judge. We consider defendant International Fidelity Insurance Co.'s ("IFIC") motion to dismiss Count IV of plaintiff Upper Pottsgrove Township's ("the Township") complaint. For the reasons discussed herein, we will grant IFIC's motion. This dispute arises out of construction related to Coddington View — Phase 2, a real estate development in Upper Pottsgrove Township, Pennsylvania 1 . As we will describe at more length below, the Township engaged TH Properties, L....
MEMORANDUM EDUARDO C. ROBRENO, J. I. BACKGROUND Before the Court is the Rule 12(b)(6) Motion to Dismiss of Defendant Railroad Friction Products Corporation ("Defendant" or "RFPC"). Plaintiff Alice Perry, as administratrix and in her own right, ("Plaintiff" or "Mrs. Perry"), asserts that her husband ("Decedent" or "Mr. Perry") developed asbestos-related injuries while installing and removing RFPC brake shoes located on various types of railcars. RFPC argues that Plaintiff's complaint...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. I. INTRODUCTION Plaintiff Stephanie Peterman ("Plaintiff") brought this suit seeking damages from Defendants Michael Martin (nee Erts) ("Mr. Martin") and Karen Martin ("Ms. Martin") (collectively "Martin Defendants"), Stephanie Peterman ("Mrs. Peterman"), John Doe-1, John Doe-2, and John Doe Corporation (collectively "John Doe Defendants"). Plaintiff's Complaint pleads two counts: (1) negligence against Defendants Mr. Martin, Stephanie...
MEMORANDUM ROBERT F. KELLY, Senior District Judge. Presently before the Court is TruePosition, Inc.'s ("TruePosition") Motion for Judgment on the Pleadings Concerning Counterclaims and Certain Affirmative Defenses of Defendant Third Generation Partnership Project ("3GPP"), and 3GPP's Opposition to Plaintiff TruePosition, Inc.'s Motion for Judgment on the Pleadings, as well as TruePosition's Reply thereto. For the reasons provided below, the Motion for Judgment on the Pleadings will be...
MEMORANDUM PRATTER, District Judge. VWR International LLC ("VWR") moves to dismiss (Docket No. 29) Alpha Pro Tech, Inc.'s ("APT") Second Amended Complaint ("SAC," Docket No. 28). For the reasons that follow, the Court will grant the motion in part and deny it in part. I. FACTUAL AND PROCEDURAL BACKGROUND 1 As APT alleges in its Second Amended Complaint, "this action is about two things: VWR improperly obtained [APT's] trade secrets while in a position of trust and confidence with [APT];...
FINDINGS OF FACT, STATEMENTS OF APPLICABLE LAW, CONCLUSIONS OF LAW, AND ANALYSIS EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. INTRODUCTION AND PROCEDURAL HISTORY.............................................552 A. Administrative Due Process Complaint.........................................552 B. Administrative Due Process Hearing...........................................552 C. Plaintiffs' Case in U.S. District Court......................................553 D. Motions to...
MEMORANDUM OF LAW RE MOTIONS FOR SUMMARY JUDGMENT BAYLSON, District Judge. I. Introduction This action involves a coverage dispute between two insurers, Charter Oak Insurance Company ("Charter Oak"), issuer of primary coverage, and American Guarantee and Liability Insurance Company ("American Guarantee"), issuer of an excess and umbrella policy, and their insured, Maglio Fresh Food ("Maglio"). On July 12, 2012, Charter Oak filed a Complaint. ECF 1. Charter Oak amended its Complaint on...
MEMORANDUM SURRICK, District Judge. Presently before the Court is the Motion for Summary Judgment of Defendant, Officer David Brockway, and Motion for Partial Summary Judgment of Defendant, Officer Joshua Dewees. (ECF No. 33.) For the following reasons, the Motion will be granted in part and denied in part. I. BACKGROUND Plaintiffs Kevin Wilson and Julius Bradley brought this lawsuit against the City of Chester, the City of Chester Housing Authority ("CCHA"), and individual police officers...
MEMORANDUM EDUARDO C. ROBRENO, District Judge. Plaintiff Bruce Toll brings this action against his former son-in-law, Leonard Tannenbaum, for breach of an oral contract. Toll alleges that in 2007 he personally guaranteed $15 million in loans to Tannenbaum in order to keep one of Tannenbaum's investment management companies afloat. Am. Compl. 1, ECF No. 34. Toll claims that, in exchange, Tannenbaum orally promised to share equally all of his profits from the management company with Toll's...
MEMORANDUM DALZELL, J. I. Introduction These actions concern the nature of an immunotherapy for cancer treatment that Dr. Carl June, M.D., Director of the Translational Research Program and a professor at the University of Pennsylvania ("the University" or "Penn"), developed. The parties' claims sound in patent and contract law, and the dispute centers on the question of whether Dr. June's immunotherapy (the "June Construct") contains "material" within the meaning of two Materials...
MEMORANDUM PRATTER, District Judge. Plaintiffs, all purchasers of homes in the same adult residential community, bring a number of state law claims, as well as one federal claim, against the sellers and builders of the homes they purchased. Essentially, Plaintiffs claim that the Defendants made promises with respect to the quality of the constructed homes that they never intended to keep. Defendants have all moved to dismiss the Complaint. 1 Their motions will be granted. FACTUAL AND...
