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PENNSYLVANIA RECORD

Friday, May 24, 2024

Charmaine Little News


Lawsuit filed over gym mishap; Man says he was thrown on his butt by malfunctioning equipment

By Charmaine Little |
Two gym equipment companies are facing a lawsuit after a couple said their alleged negligence caused a fall and injuries.

Frat member sued over death at Penn State gets lawsuit dismissed, but case against other moves on

By Charmaine Little |
WILLIAMSPORT – Parents who took legal action against a fraternity following their son’s death at a frat house were partially successful in amending their complaint as the U.S. District Court for the Middle District of Pennsylvania denied one defendant’s motion to dismiss it but granted another's on Nov. 19.

Fluctuating workweek method doesn't follow Pennsylvania labor laws, Supreme Court rules

By Charmaine Little |
HARRISBURG – On Nov. 20, the Supreme Court of Pennsylvania’s Western District determined that employers cannot use a fluctuating work week (FWW) method to calculate overtime for nonexempt, salaried employees.

Supreme Court says independent medical exam provision in auto insurance policy conflicts with state law

By Charmaine Little |
HARRISBURG – The Supreme Court of Pennsylvania answered that a car insurance policy provision clashes with Section 1796(a) of the Pennsylvania Vehicle Financial Responsibility Law (MVFRL) on Nov. 20.

Nordstrom denied motion for judgment in shopper's suit over injuries from fall during pants fitting

By Charmaine Little |
PHILADELPHIA – Because there are issues of genuine fact in a negligence case against Nordstrom following a woman’s fall during a fitting, the U.S. District Court for the Eastern District of Pennsylvania denied the store’s motion for summary judgment on Nov. 21.

Woman ran over by Port Authority bus keeps $250K verdict after Allegheny County's appeal

By Charmaine Little |
HARRISBURG – On Oct. 31, the Supreme Court of Pennsylvania’s Western District reversed a Commonwealth Court’s ruling that overturned an order granting Port Authority of Allegheny County a new trial after one of its bus drivers hit a pedestrian.

Failure for woman who sued Starbucks claiming its tea is too hot

By Charmaine Little |
PHILADELPHIA – Starbucks prevailed in a negligence lawsuit after a woman claimed the coffee chain served tea that was too hot.

Conditional class certification in FLSA suit against R&R Express granted by judge

By Charmaine Little |
PITTSBURGH – A former R&R Express Inc. worker was granted his motion for a conditional class certification in his wage dispute lawsuit by a federal judge, but his request for a notice without prejudice was denied.

Judge says 'no reasonable jury could conclude' Sam's Club breached duty in slip-and-fall case

By Charmaine Little |
PITTSBURGH – Sam’s East Inc. was granted summary judgment in a suit filed by a woman who fell at its Monroeville location.

Woman's suit against Johnson & Johnson tossed after she failed to identify mesh that allegedly injured her

By Charmaine Little |
PITTSBURGH – A woman who alleged she was injured by a medical mesh product from Johnson & Johnson failed to identify what the product actually was, leading to the U.S. District Court for the Western District of Pennsylvania granting summary judgment for the defendants.

Man's shaking from medication doesn't constitute a disability, judge rules

By Charmaine Little |
PHILADELPHIA – A man’s claims that his former employers violated the Americans with Disabilities Act when it wrongfully fired him because of his disability fell short in the U.S. District Court in the Eastern District of Pennsylvania.

Facebook gets victory during lawsuit brought by shareholders over ad revenue

By Charmaine Little |
Facebook won’t have to produce additional documents to two stakeholders who have expressed concern that advertising metric mistakes sparked class action lawsuits, resulting in advertisers spending less money on ads with the social media site.

Judge won't let Sherwin-Williams block lead paint litigation initiated by private lawyers hired by counties

By Charmaine Little |
PHILADELPHIA - On Oct. 4, the U.S. District Court for the Eastern District of Pennsylvania dismissed a lawsuit filed by Sherwin-Williams against the County of Delaware and related parties. Sherwin Williams requested a declaration that threats of a lawsuit against it violate a number of the paint company’s constitutional rights.

Delaware lender's lawsuit against AG Shapiro transferred to Pennsylvania

By Charmaine Little |
HARRISBURG - A lawsuit against Pennsylvania Attorney General Josh Shapiro filed by a Delaware company that provides financing for vehicle titles is headed to Pennsylvania federal court after his motion to dismiss was only partially granted Sept. 3.

What happens when you add issue of divorce to loss of consortium claim?

By Charmaine Little |
HARRISBURG - A woman who filed a loss of consortium lawsuit shortly after her husband died amid divorce proceedings was ordered to submit privileged documents to Wilkes-Barre Hospital Company LLC.

No new trial for Lehigh Valley Hospital after $2.4M verdict for former patient

By Charmaine Little |
HARRISBURG - The Pennsylvania Supreme Court determined on Sept. 26 that a local hospital won't get a new trial despite claiming that a portion of a $2.4 million award for former patients could be time-barred.

LA Fitness makes move to head off lawsuit of pool worker who says he was exposed to chemicals

By Charmaine Little |
PITTSBURGH - On Sept. 27, LA Fitness asked the U.S. District Court for the Western District of Pennsylvania to toss out a negligence case against it after a pool worker sued with complaints that he was exposed to toxic chemicals.

Bus driver loses post-Janus union dues case

By Charmaine Little |
PHILADELPHIA - A bus driver’s lawsuit against Wallingford-Swarthmore School District, its superintendent and human resources director, which stemmed from the revocation of his union membership, has been dismissed.

Company to pay class action settlement after employer released W-2s to cybercriminal

By Charmaine Little |
PHILADELPHIA - A company accused of a data breach that included releasing all W-2s for its U.S. employers to a cybercriminal will soon pay a settlement from a class action lawsuit.

Comcast settlement: Class members get up to $15, lawyers get $1.1 million

By Charmaine Little |
PHILADELPHIA - A group of Comcast consumers was given the green light to settle a class action lawsuit against the cable provider, and plaintiffs attorneys will make $1.1 million.