News from July 2016
Dental hygienist alleges employers broke wage law, fired her
PHILADELPHIA — A dental hygienist has filed a class-action lawsuit against Dental Care Alliance, L.L.C. and Gentle Dental Allentown L.L.C., former employers, citing alleged retaliation, wrongful termination and violation of wage laws.
Accidental drowning case settled in Philadelphia County Court of Common Pleas
PHILADELPHIA – A personal injury lawsuit revolving around a teenager’s accidental drowning at a Harrisburg apartment complex has been settled in the Philadelphia County Court of Common Pleas.
Verizon Wireless store wins dismissal of contract breach claims connected to lease rental agreement
PHILADELPHIA – According to the decision of a federal court here, Verizon Wireless successfully motioned to dismiss breach of contract claims from an investment firm who believed they violated the terms of a rental lease agreement.
Judge orders binding arbitration to be completed before faulty automobile sale case proceeds
PHILADELPHIA – All proceedings have been stayed in a case involving pre-owned vehicle businesses who allegedly committed fraudulent conduct in selling faulty automobiles, pending the successful completion of binding arbitration.
Litigant in DUI-related personal injury case must find new counsel or risk dismissal of case, court stipulates
PHILADELPHIA – All proceedings in a matter concerning a plaintiff paralyzed as a result of driving while intoxicated after leaving a West Chester pub have been stayed until early September, pending the litigant’s procurement of new counsel.
Philadelphia first major city to tax sweetened beverages
PHILADELPHIA – Philadelphia recently became the first major U.S. city to enact a tax on sodas and other sweetened beverages.
Philadelphia attorney hopes claim justification orders become routine in mass tort cases
PHILADELPHIA – Reed Smith LLP counsel Rachel B. Weil hopes that
Lone Pine orders like a recent one requiring plaintiffs in a knee implant
multi-district case to submit expert declarations backing up their injury
claims become a routine part of the tort litigation process.
Geographic injunction expanded in Guthrie Healthcare's trademark infringement case
NEW YORK – The Second Circuit Court has expanded the geographic reach of an injunction in a trademark infringement case.
TCPA ruling gives defense ammo against professional plaintiffs
JOHNSTOWN – The U.S. District Court for the Western District of Pennsylvania last month issued a ruling in the case of Stoops v. Wells Fargo Bank, NA that narrows the requirements needed to be shown in order to file a federal lawsuit over alleged violations of the Telephone Consumer Protection Act (TCPA).
Federal court reinforces rules governing attorney-client communications
HARRISBURG–A recent judicial opinion issued in the U.S. District Court for the Middle District of Pennsylvania reinforces precedent and emphasizes the need for attorneys to comply with rules governing the manner and extent to which they can guide and influence clients' deposition testimony.
Xarelto litigants anticipate selection and start of federal bellwether trials in 2017
NEW ORLEANS – As more and more cases continue to be filed by plaintiffs and their counsel against the manufacturers of the blood thinner Xarelto, these litigants are looking towards the horizon of bellwether cases in this matter to be heard next year.
Motions related to sinkhole injury case thrown out by Philadelphia court
PHILADELPHIA – Motions for preliminary objections and to dismiss a lawsuit connected to a plaintiff’s injurious sinkhole-related fall have been overruled and denied, respectively.
Lawyer argues clerical error led him to miss arbitration hearing and asks for judgment's opening
PHILADELPHIA – An attorney has credited a potential clerical error for his unawareness of an arbitration date, which later led his client to suffer a Judgment of Non Pros in his litigation related to a 2013 car accident.
Sex abuse case filed against York County's YMCA sent to that county's court
PHILADELPHIA – A civil lawsuit from a Harrisburg parent and her minor son resulting from allegations of negligence and sexual abuse at a YMCA summer camp, is being transferred to the York County Court of Common Pleas.
Counsel points to client non-cooperation in decision to leave daycare injury case
PHILADELPHIA – Counsel for clients suing a daycare facility for negligence in connection with an injurious accident in 2010 to a minor student, has opted to withdraw from the case due to a supposed case of client non-cooperation.
Personal injury lawsuit against Wyncote hair salon transferred to Montgomery County court
PHILADELPHIA – According to a Philadelphia County Court of Common Pleas judge, a personal injury lawsuit against a Wyncote-based salon will be transferred to the Montgomery County Court of Common Pleas.
Counselor cites 'unreasonably difficult' representation in exit from casino hotel litigation
PHILADELPHIA – A number of irreconcilable differences leading to “unreasonably difficult” representation have caused a premises liability case’s plaintiff attorney to exit the litigation.
Client disagreement results in attorney's exit from supermarket premises liability lawsuit
PHILADELPHIA – Disagreements with a client suing a local supermarket chain for negligence have resulted in a plaintiff attorney leaving that particular legal action.
North Philadelphia sidewalk fall lawsuit settled before trial
PHILADELPHIA – Per an order from a Philadelphia County Court of Common Pleas judge, a woman’s sidewalk fall premises liability lawsuit emanating from North Philadelphia was settled prior to assignment for trial.
Third Circuit Court says school district not responsible for high school student's assault
PHILADELPHIA – Recently, a panel of judges from the U.S. Court of Appeals for the Third Circuit upheld a trial court ruling stating a local school district did not create a dangerous condition by ceasing its issued ID card policy, allegedly resulting in a student’s assault.