Thomas S. Zilly

“State Farm's motion for summary judgment, docket no. 15, is GRANTED in part and DENIED in part. Plaintiffs CPA claim is DISMISSED with prejudice.”

“Plaintiff's Motion for Summary Judgment, docket no. 18, is GRANTED in part and DENIED in part ... the Court GRANTS Plaintiff's Motion for Summary Judgment and Defendant is ORDERED to provide the March 2017 BE to Plaintiff within twenty (20) days”

“Defendant's Motion for Summary Judgment, docket no. 13, is GRANTED in part. Claim 4 of the Complaint, docket no. 1, is DISMISSED. Defendant's motion is otherwise DENIED.”

“For the reasons explained below, the Court GRANTS Defendant's motion for summary judgment.”

“The Federal Defendant's Motion to Limit the Record, docket no. 101, is DENIED. The parties may supplement the administrative record with relevant material.”

“Defendants' motion to dismiss A.Z.'s first claim is DENIED.”

“Defendants' motion to dismiss A.Z.'s second claim is GRANTED. A.Z.'s second claim is DISMISSED with prejudice.”

“Defendants' motion to dismiss A.Z.'s third and fourth claims is DENIED.”

“For the foregoing reasons, Defendants' motion for summary judgment, docket no. 42, is GRANTED.”

“For the foregoing reasons, the Plaintiffs' motion, docket no. 25, for partial summary judgment is GRANTED. Under the Towage Agreement and insurance policies, Defendant was obligated under the MGL policy to defend and pay the portion of Mr. Kellogg's claims attributable to Dutra's negligence.”

“Defendant's motion, docket no. 30, for summary judgment of dismissal is DENIED.”

“For the foregoing reasons, the Court denied in part and granted in part defendant's motion for summary judgment, docket no. 37, and denied in part and granted in part plaintiffs' cross-motion for partial summary judgment, docket no. 43. Plaintiffs' CPA and bad faith claims shall remain in the case for trial, consistent with this Order.”

“For the foregoing reasons, the Court denied in part and granted in part defendant's motion for summary judgment, docket no. 37, and denied in part and granted in part plaintiffs' cross-motion for partial summary judgment, docket no. 43.”

“The Court concludes that Pennsylvania law applies to any claim for punitive damages based on fraud against Wyeth and DENIES Defendants' motion to dismiss the claim for punitive damages.”

“The Court concludes that Mrs. Bryant has produced sufficient evidence of product identification with respect to Defendant Upjohn to create an issue of material fact for trial and DENIES Defendants' motion as to that issue.”

“Plaintiff has not demonstrated that the product label or other affirmative action of Defendants constitutes an express warranty and the Court therefore GRANTS Defendants' motion to dismiss Plaintiff's claim for breach of express warranty under the WPLA as to all defendants.”

“Plaintiff has not met his burden to prove that proton therapy was covered under the relevant policy language. The Clerk is directed to enter Judgment in favor of the Defendants, dismissing Plaintiffs Complaint with prejudice and with costs.”

“Accordingly, the Court concludes that Plaintiff has failed to raise a material issue of fact on whether proton therapy is more costly than IMRT.”

“Whether plaintiffs' constitutional due process right-to-counsel claim has merit cannot yet be determined, but plaintiffs deserve, and the Court concludes that it has jurisdiction (at least with respect to juveniles currently in removal proceedings) to eventually provide an answer.”

“Thus, as to these two juveniles, the Court currently lacks jurisdiction, and defendants' Rule 12(b)(1) motion to dismiss is GRANTED in part. The claims of G.D.S. and A.E.G.E. are DISMISSED without prejudice.”

“Defendants' motion is therefore GRANTED in part, with regard to Director Rodriguez and J.E.V.G., and DEFERRED in part as to M.A.M., but it is DENIED in all other respects for the reasons stated in this order.”

“The Court is satisfied that venue is proper because at least one plaintiff resides in Washington ... Defendants' Rule 12(b)(3) motion is DENIED.”