News from June 2015
HIV-positive man's slip-and-fall case sent to arbitration after he opposed admissibility of medical history
PHILADELPHIA – A June 3 order from Judge Mark I. Bernstein of the Philadelphia County Court of Common Pleas will send the continuing case of an HIV-positive man suing Temple University over an alleged fall suffered on the university’s campus to arbitration.
Judge won't re-list slip-and-fall case for trial because defendant missed one settlement payment
PHILADELPHIA – Per a May 29 order from Judge Alice Beck Dubow, a defendant in a negligence lawsuit found to be in breach of a prior settlement agreement has until Sept. 1 to correct it.
Major Tours says it was never noticed of 2005 judgment against it
PHILADELPHIA – Counsel for a Philadelphia-based touring company wants a decade-old judgment of $14,000 levied against it in response to a motor vehicle accident thrown out of court, alleging improper notice.
Plaintiff's attorney withdraws from case against SEPTA after 'obstacles and legal issues' arise
PHILADELPHIA – "Obstacles and legal issues” have caused an attorney representing a Philadelphia man suing the Southeastern Philadelphia Transportation Authority (SEPTA) to petition the court for relief of that duty.
Car wreck plaintiff decides to represent himself
PHILADELPHIA – A plaintiff suing another party involved in a motor vehicle accident plans to represent himself pro se in further proceedings related to his case.
Counsel for plaintiff suing over fall at Philadelphia community center withdrawing from case
PHILADELPHIA – A Philadelphia man suing a pair of management service companies and the Commonwealth of Pennsylvania for a fall sustained in a city community center will need to seek new counsel.
Estate of late plaintiff loses case alleging $300K promissory note was forged
PHILADELPHIA – A federal judge recently granted summary judgment against a Philadelphia marine supply company that believed a promissory note and related mortgage were fraudulently secured.
Tractor-trailer owner sues towing outfit for return of property
A corporation brought allegations against a trucking firm requesting replevin for property allegedly seized in 2015. New Prime Inc. d/b/a Prime Inc. of Springfield, Missouri sued Act Truck & Trailer Inc. headquartered in Wilkes-Barre in the U.S.
Trucker cites employer with ADA violations
A worker brought allegations against a trucking firm alleging ADA and PHRC violation in 2013. Frederick Harrison of Leesport sued Brenntag Northeast Inc. of Reading in the U.S.
Trio sues police department, citing false allegations
Three Philadelphia residents brought a lawsuit against a municipality and four police officers alleging civil rights violation in 2013. Vanessa McKnight, Galen Bullock and Michael McClary sued The City of Philadelphia and Officers Joseph Sperry, Rameen Johnson, Antoinette Renee Byrd, and Michael Zimmerman in the U.S.
Employee fired after five days sues for disability law infringement
A Levittown resident brought allegations against her former employer alleging violation of disability law in 2015. Margaret Hall sued Meenan Oil Co. L.P.; Meenan Oil Co. Inc.; Star Gas Partners L.P.; and Star Gas LLC, all of Stamford, Connecticut, in the U.S.
Minority employee sues retailer citing unlawful discrimination
A Pennsylvania resident brought allegations against two Ohio-based firms alleging workplace discrimination in 2014. Kelvin Nance of Philadelphia sued Abercrombie & Fitch Co. and J.M.
Seasonal worker sues employer for separation following surgery
A man brought a lawsuit against a construction business alleging violation of employment law in 2014. Nathan Kershner of Highspire sued Abel Construction Co. Inc. and Abel Recon LLC of Mountville in the U.S.
Nationwide attorney to be deposed in case over ownership of property at Philadelphia Mills Mall
PHILADELPHIA – Recently, a federal judge ruled an attorney for Nationwide must testify in a lawsuit in which it alleges a corporation breached its agreement to purchase property at Philadelphia Mills Mall, which was once known as Franklin Mills Mall.
Philadelphia Housing Authority survives lawsuit filed by woman it paid $500 per month for rent
PHILADELPHIA – On Thursday, a federal appeals court affirmed the verdict of a Philadelphia federal court by dismissing a due process claim brought by a former Section 8 housing resident.
Third Circuit rules against class of drivers seeking overtime pay
PHILADELPHIA – On May 12, a federal appeals court affirmed a lower court’s decision in a class action lawsuit that prevents drivers for a West Chester-based charter bus company from being eligible for overtime compensation pay.
Philadelphia was especially tough place to fight asbestos claims, bankrupt company's attorney testified
Editor’s note: This article is part of a series examining evidence submitted in Garlock Sealing Technologies’ bankruptcy proceeding that was recently unsealed as a result of Legal Newsline’s legal challenge.
Expert witness in fatal car crash case can't testify to health of driver's eyes
ALLENTOWN – This week, a federal judge stated an optometrist called as an expert witness in a negligence case surrounding a fatal motor vehicle accident in 2012 must keep her testimony within the strict confines of her medical expertise.
Judge dismisses bad faith claim against State Farm
PHILADELPHIA – A major insurance provider had its motion to dismiss a claim of acting in bad faith towards a policy holder who sustained serious injuries in 2012 motor vehicle accident granted in federal court last week.
AOL dismissed from $22M case
PHILADELPHIA – Per a federal judge, America Online (AOL) was dismissed as a party to a lawsuit filed against one of its subsidiaries by a business group that sought to create a joint venture with that same subsidiary prior to AOL acquiring it.