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PENNSYLVANIA RECORD

Thursday, November 14, 2024

Carrie Salls News


Attorney: Stuart Weitzman ignored settlement request, leading to lawsuit over sewing needle left in boot

By Carrie Salls |
PHILADELPHIA – The attorney for a Newtown Square woman who was allegedly injured when a sewing needle that she claims was left in a pair of Stuart Weitzman boots became lodged in her leg said a lawsuit filed Jan. 27 against the shoe company was filed because “the company’s representative was not responding to our requests to settle the case.”  

Favorable ruling for Prudential in proposed class action won't be appealed

By Carrie Salls |
PHILADELPHIA – A proposed class of life insurance beneficiaries have been denied certification in their lawsuit that alleges that Prudential Insurance Co. of America violated Employee Retirement Income Security Act of 1974 regulations based on the method it used to make payments.

Third Circuit ruling in age discrimination case changes game for employers

By Carrie Salls |
PHILADELPHIA – A Jan. 10 ruling entered by the U.S. Court of Appeals for the Third Circuit may set a precedent that requires employers to do their legal homework before deciding just which employee groups to target during a reduction in force.

Lawsuits against Navient likely to bring changes in student loan servicing

By Carrie Salls |
HARRISBURG – Lawsuits filed by the federal Consumer Financial Protection Bureau and two individual states raising allegations tied to student loan servicing will most likely result in a new set of student loan servicing guidelines, regardless of the outcome of the litigation, according to Arant Boult Cummings LLP associate Julie Carter.

Agency might issue penalty to EQT before Supreme Court can hear case

By Carrie Salls |
HARRISBURG – A planned state Department of Environmental Protection appeal of a Commonwealth Court ruling related to the continuation of unpermitted discharge penalties under the Clean Streams Law could be potentially rendered moot after the Environmental Hearing Board sets a penalty amount early this year.

Many possible factors led to racial discrimination case against Dept. of Corrections, advocate says

By Carrie Salls |
HARRISBURG – Any number of factors could have played into the alleged racial discrimination that resulted in a former Pennsylvania Department of Corrections director of equal employment opportunity’s decision to file a lawsuit against the department and individual defendants, according to Workplace Fairness senior adviser Paula Brantner.

Pennsylvania franchisors are handed victory in employment status debate

By Carrie Salls |
HARRISBURG – Franchisors in Pennsylvania were handed a legal victory in the debate over whether a franchisor can be considered the employer of its individual franchisees. In a case involving a Saladworks franchisee employee's on-the-job injury, the Pennsylvania Supreme Court allowed a Commonwealth Court ruling to stand, which allows the franchisor to avoid liability.

Court finds that accuracy is not part of 'complete and up to date' reporting requirement

By Carrie Salls |
PHILADELPHIA – A Dec. 22 opinion issued by the U.S. District Court for the Eastern District of Pennsylvania found that the Fair Credit Reporting Act (FCRA) requirement that a credit reporting agency must submit “complete and up to date” information on a job candidate does not refer to accuracy or identifying information on the consumer in question.

Burger King slip-and-fall lawsuit placed in alternative resolution program

By Carrie Salls |
ERIE – A lawsuit filed by a New York woman who alleges she was injured when she fell on ice outside of a Fairview Burger King has been designated for placement in the Alternative Dispute Resolution program. 

Firearm owners group president calls injunction against Lower Merion 'long overdue'

By Carrie Salls |
HARRISBURG – The Commonwealth Court of Pennsylvania reversed a ruling in December in which the Court of Common Pleas of Montgomery Count denied a motion for a preliminary injunction against an ordinance that prohibits the carrying or discharging of firearms in a park without a special permit.  

School district loses appeal after changing sick-leave policy

By Carrie Salls |
HARRISBURG – The Pennsylvania Commonwealth Court in November sent a message to public employers in the commonwealth when it ruled that the Chester Upland School District was guilty of unfair labor practices because it adopted a punctuality and attendance policy for employees without first engaging in collective bargaining.

NFL concussion settlement nears payout with Supreme Court rejection of challenge

By Carrie Salls |
WASHINGTON – The U.S. Supreme Court on Dec. 12 denied a request by a group of retired National Football League Players to hear their challenge of a concussion lawsuit settlement approved in April 2015 in federal district court in Pennsylvania.

Seventh Circuit rules against Univ. of Penn student athletes seeking pay

By Carrie Salls |
CHICAGO – The U.S. Court of Appeals for the Seventh Circuit has upheld a district court ruling that found that two former University of Pennsylvania track and field student athletes cannot be classified as employees and entitled to a minimum wage under the Fair Labor Standards Act.

Philadelphia prevailing wage law expanded, impact on employers to be determined

By Carrie Salls |
Although it is too soon to tell whether a prevailing wage ordinance signed by Mayor Jim Kenney on Oct. 27 will force any affected employers in the city to resort to layoffs, Fisher & Phillips LLP associate Gregory D. Hanscom said it's possible.  

Pennsylvania Supreme Court rejects part of law allowing grandparents to seek custody in separation

By Carrie Salls |
HARRISBURG – A Sept. 9 Pennsylvania Supreme Court ruling that declared a statute allowing grandparents to seek partial custody of the children of separated parents unconstitutional figures to have a significant impact on grandparents’ custody rights.

Voters OK increase in judicial mandatory retirement age

By Carrie Salls |
HARRISBURG – After a protracted legal battle regarding the proper wording of a ballot question related to the mandatory retirement age for judges in Pennsylvania, voters in the commonwealth narrowly passed an increase in the retirement age to 75 from 70.

Lisnr CEO says class action over Indianapolis Colts app 'just a really bad lawsuit'

By Carrie Salls |
PITTSBURGH – The chief executive officer of Lisnr Inc., one of three parties along with Indianapolis Colts Inc. and Yinzcam Inc. named as defendants in a class-action lawsuit claiming that a mobile app can listen in on the user’s conversations without consent, said the lawsuit contains a lot of false information.

Attorney: Merck win over 'whistleblower' a sensible ruling and valuable precedent

By Carrie Salls |
PHILADELPHIA – The U.S. District Court for the Eastern District of Pennsylvania ruled in favor of Merck & Co. on Oct. 18 in a lawsuit alleging the company violated securities laws and retaliated against a whistleblower.  

Art Institute of Pittsburgh employees' discrimination claims allowed to go to court

By Carrie Salls |
PITTSBURGH – Two Education Management Corp. employees have been given the green light to sue their employer in court because they opposed a policy requiring that disputes be sent to binding arbitration.

Pa. McDonald's franchises facing possibly more than $1M after paying employees with debit cards

By Carrie Salls |
WILKES-BARRE – A recent Pennsylvania Superior Court ruling related to the practice of paying employees with debit cards by 16 McDonald’s franchisees in the Commonwealth could mean a payday of more than $1 million for thousands of current and former employees at those restaurants.