Oberholzer v. Galapo, 274 A.3d 738 (Pa.Super.2022)(alloc granted 2022)
Apr 18, 2022OUTCOME:
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On September 29, 2004, Marlayna Tillman ("plaintiff'), an African-American female, filed the present action against The Pepsi Bottling Group, Inc. ("Pepsi") and Teamsters Local Union 830 ("the Union") ... (collectively, "defendants"). The complaint charges defendants with racial discrimination, gender discrimination, retaliation, discriminatory failure to promote, violation of the Fair Labor Standards Act of 1938 ("FLSA"),1 and violation of the Equal Pay Act of 1963 ("Equal Pay Act").2 (D.I. 1 at ¶¶ 72-110) On October 14, 2005, Pepsi filed a counterclaim for fraud and unjust enrichment. (D.I. 25 at 16-28) Plaintiff requests monetary relief, in an amount to be determined at trial.3
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OUTCOME: Motion to Remand
This civil matter is before the Court by motion of the plaintiff, Omega Sports, Inc. (Omega), which asks us to remand the case to the Court of Common Pleas for Lancaster County, Pennsylvania and award ... it sanctions under Fed.R.Civ.P. 11. For the reasons that follow, we will grant Omega's motion to remand, but deny its request for Rule 11 sanctions.
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