– Clemens v. ExecuPharm Inc., 2022 U.S. App. LEXIS 24808 (September 2, 2022) (Greenaway, Jr., C.J.)  In this appeal, Jennifer Clemens asks us to reverse the District Court’s dismissal of her complaint seeking equitable and monetary relief in connection with a data breach that resulted in the publication of her sensitive personal information on the […]

Kelly v. Realpage Inc., 2022 U.S. App. LEXIS 23683 (3rd Cir. August 24, 2022) (Krause, C.J.)  In late 2018, Appellants Kevin Kelly and Karriem Bey found themselves in just the sort of frustrating predicament the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., was designed to avoid. Their rental applications were denied based on […]

PPG Indus. v. Jiangsu Tie Mao Glass Co., 2022 U.S. App. LEXIS 24411 (3rd Cir. August 30, 2022) (Jordan, J.)  Under the Uniform Trade Secrets Act, including Pennsylvania’s version of that statute, it can be appropriate to measure unjust enrichment from a misappropriated trade secret by looking at development costs that were avoided but would […]

Milan v. Shenango Presbyterian Seniorcare, 2022 U.S. Dist. LEXIS 151447 (W.D. Pa. August 23, 2022) (Ranjan, J.)  Plaintiff John Milan, by and through his Attorney-in-Fact, Sandra Lee Boyd, first filed this action in the Court of Common Pleas of Lawrence County, Pennsylvania. Plaintiff asserts a state-law negligence claim against Defendants arising from their neglect while […]

Biden v. Texas, 2022 U.S. LEXIS 3269 (S. Ct. June 30, 2022) (Roberts, C.J.)  In January 2019, the Department of Homeland Security—under the administration of President Trump—established the Migrant Protection Protocols. That program provided for the return to Mexico of non-Mexican aliens who had been detained attempting to enter the United States illegally from Mexico. […]

West Virginia v. Environmental Protection Agency, 2022 U.S. LEXIS 3268 (S. Ct. June 30, 2022) (Roberts, C.J.)  The Clean Air Act authorizes the Environmental Protection Agency to regulate power plants by setting a “standard of performance” for their emission of certain pollutants into the air. 84 Stat. 1683, 42 U. S. C. §7411(a)(1). That standard may be different […]

Lawson v. Pennsylvania College of Technology, PA No. 21-01134 (C.P. Lycoming June 28, 2022) (Linhardt, J.)  Plaintiffs Michael James Lawson, Jr. (“Michael”) and Tara Lawson (“Tara”), son and mother, commenced this case by filing a Class Action Complaint on October 12, 2020 in Philadelphia County. The Complaint seeks reimbursement of money paid to Defendant, a […]

Panzarella v. Navient Sols., Inc., 2022 U.S. App. LEXIS 16324 (3rd Cir. June 14, 2022) (Rendell, C.J.)  Elizabeth and Joshua Panzarella (“the Panzarellas”) sued Navient Solutions, LLC (“Navient”), claiming that, among other things, Navient violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The Panzarellas assert that Navient called their […]

Thomas v. Little League Baseball, Pa. No. 21-00260 (C.P. Lycoming May 11, 2022) (Linhardt, J.) Waverly Little League in NY banned a player.  The plaintiff then sued Little League International.  The court dismissed the matter, saying that there was no agency relationship and that none of the rules of Little League International would have applied […]