News from December 2016
NFL concussion settlement nears payout with Supreme Court rejection of challenge
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.
HSBC Bank has ability to initiate and pursue foreclosure proceedings, Superior Court says
HARRISBURG – The Superior Court of Pennsylvania has said a trial court was correct to grant summary judgment and declare HSBC Bank had standing to bring forth a mortgage foreclosure action.
Superior Court rules Philly condo residence dispute does not need to go to arbitration
HARRISBURG – The Superior Court of Pennsylvania said an occupancy agreement, not an operation agreement, was the key document in deciding the fate of a residential dispute action centered around a condominium in Philadelphia’s affluent Rittenhouse Square neighborhood.
Debt collection practices lawsuit against Ohio law firm headed to Third Circuit
PHILADELPHIA – A lawsuit dismissed last month which alleged an Ohio law firm violated the Fair Debt Collection Practices Act (FDCPA) when it attempted to collect a six-figure unpaid debt, is now on its way to a federal appeals court.
One claim in former PHA officer's wrongful termination lawsuit survives dismissal in federal court
PHILADELPHIA – A federal judge has decided that two out of three claims for a former Philadelphia Housing Authority police officer’s wrongful termination lawsuit against her ex-employer would be dismissed, while one survived said dismissal.
Castor Materials accused of owing money for overtime pay
PHILADELPHIA — A former employee is suing Castor Materials Inc., owner William J. Hagstotz III, and managers William J. Hagstotz IV and Melissa Hagstotz, alleging violation of wage law.
Kane Hospitality Services accused of not paying amount owed in full
PENNSYLVANIA — A Pennsylvania corporation is suing The Kane Company, trading and doing business as Kane Hospitality Services, a Maryland business, alleging breach of contract.
GAF Materials Corporation accused of not following specifications
PHILADELPHIA — A Pennsylvania corporation is suing GAF Materials Corporation, a/k/a GAF, a New Jersey business, citing alleged breach of contract.
Highmark Blue Cross Blue Shield accused of wrongly denying payment
PITTSBURGH — A woman is suing Highmark Inc., d/b/a Highmark Blue Cross Blue Shield, alleging breach of contract by the insurer.
84 Lumber says Georgia company didn't pay up
PITTSBURGH — A Pennsylvania business is suing New Visions Real Estate Firm and John Thomas Holmes and Matthew Wilson, all of Georgia, citing alleged breach of contract.
Asbury Heights accused of negligence in care of nursing home resident
PITTSBURGH — A representative of a deceased man's estate has filed a wrongful death claim against Asbury Health Center, United Methodist Services for the Aging and United Methodist Community of Mount Lebanon, all doing business as Asbury Heights, alleging negligence in nursing home care.
$5K judgment for allegedly unpaid landscaping work upheld by Superior Court
HARRISBURG – The Superior Court of Pennsylvania has ruled to dismiss a litigant’s appeal of a judgment in excess of $5,000, one he was ordered to pay in exchange for landscaping work which was supposedly not compensated for.
Appeal in injury-related wrongful termination case and related sanction motions dismissed
PHILADELPHIA – A panel of appellate judges has ruled to dismiss an injury-related wrongful termination case and connected motions for sanctions, in keeping with the decision of the original trial court.
Former wind turbine company allegedly withheld $78K from employees wages and salary
JOHNSTOWN – A defunct Meyersdale company has violated the Employee Retirement Income Security Act (ERISA), per an investigation conducted and subsequent complaint filed by the U.S. Department of Labor (DOL).
Superior Court: Granting of summary judgment upheld in defamation case between physicians
HARRISBURG – The Superior Court of Pennsylvania has chosen to uphold summary judgment in a defamation case between physicians emanating from the University of Pittsburgh Medical Center – McKeesport.
False Claims Act case remanded to trial court over lack of consideration of Poulis factors
PHILADELPHIA – A federal appellate court has sent an action revolving around alleged violations of the False Claims Act (FCA) back to its trial court, over that same trial court not considering the Poulis factors before dismissing the case.
Inmate alleges medications were wrongfully taken away
PITTSBURGH – An inmate at State Correction Institute at Pittsburgh alleges he has been denied pain medication he was prescribed after a surgery.
Prodigy Software Group accused of not paying insurance premiums
PITTSBURGH — An insurance company is suing Pennsylvania company Prodigy Software Group Inc., alleging breach of contract.
JBM Legal LLC accused of failing to pay rent
PITTSBURGH — A landlord is suing tenant JBM Legal LLC, alleging breach of contract and unpaid debt.
Wrongful death suit filed after man's fall from scaffolding
PITTSBURGH — Administrators of a deceased man's estate are suing United States Steel Corporation and Solid Platforms Inc., alleging wrongful death.