News from June 2016
Bucks County-based parking lot fall case remaining in Philadelphia, according to judge
PHILADELPHIA – Defense counsel’s preliminary objections motion in a condominium complex fall case have been overruled, according to Philadelphia County Court of Common Pleas records.
Wrongful death and survival benefits settlement and allocation distribution to be finalized in fatal sidewalk fall case
PHILADELPHIA – A petition for distribution of wrongful death and survival benefits in the mid-six figures and a related motion as to the allocation ratio for its distribution is to be decided this week.
Attorney for Longwood Gardens seeks injury lawsuit filed against it transferred to Chester County
PHILADELPHIA – Defense counsel representing Longwood Gardens in a premises liability lawsuit has requested the complaint filed against it be transferred to a Chester County court.
Lawyer leaving nursing home injury case due to lack of contact with client
PHILADELPHIA – Plaintiff counsel in a nursing home injury action has filed to leave the case, according to records in the Philadelphia County Court of Common Pleas.
Woman says benefits were improperly denied
HARRISBURG — A woman is suing Geisinger System Services Long Term Disability Plan and Prudential Insurance Company of America, claiming she was wrongfully denied long-term disability benefits.
Woman accuses restaurant company of negligent hiring
PITTSBURGH — An employee is suing her employer, Steak N' Shake Enterprises Inc., citing alleged negligent hiring, negligent retention and negligent infliction of emotional distress.
Agnostic alleges discrimination by former employer
PITTSBURGH — An agnostic is suing Truesense Marketing, also known as Mailing Services of Pittsburgh, a former employer, citing alleged religious discrimination.
Man sues federal government over slip and fall
PHILADELPHIA — A man is suing the federal government, alleging failure to warn, negligence and insufficient measures taken to prevent injuries.
Philadelphia resident accuses North Inc. of discrimination
PHILADELPHIA — A nutrition assistant is suing North Inc., a health organization, citing alleged discrimination, retaliation and wrongful termination.
Defense's preliminary objections in fatal DUI accident crash case overruled
PHILADELPHIA – Recently, preliminary objections made by two separate members of defense counsel in a car crash lawsuit were overruled in the Philadelphia County Court of Common Pleas.
Judge says plaintiff's claim of overtime pay denial is valid, defeats defense dismissal motion
PHILADELPHIA – On June 7, a federal judge ruled a plaintiff has in fact stated a valid claim for violation of the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act (PMWA), when he accused his former employer of failing to compensate him with overtime pay.
Third Circuit says complaint didn't conform to pleading standards under Federal Rules of Civil Procedure
PHILADELPHIA – An appellate court upheld a ruling from the U.S. District Court for the Western District of Pennsylvania that an Erie woman’s complaint failed to abide by the Federal Rules of Civil Procedure.
Rooker-Feldman doctrine precludes man's claims against Lackawanna County judge
PHILADELPHIA – A per curiam decision from the U.S. Court of Appeals for the Third Circuit resulted in the Rooker-Feldman doctrine precluding a Scranton appellant’s claims under the Americans with Disabilities Act of 1990 against a Lackawanna County judge.
Breach of contract claim against Drexel University remanded to state court
PHILADELPHIA – Per order of a federal judge, a Philadelphia man’s lawsuit alleging a breach of contract against Drexel University has been remanded to the Philadelphia County Court of Common Pleas.
Third Circuit Court upholds dismissal of appeal related to Bankruptcy Court matter
PHILADELPHIA – A federal appellate court recently affirmed a ruling in the District Court for the Eastern District of Pennsylvania to dismiss an appeal from a pair of plaintiffs in U.S. Bankruptcy Court.
$200K jury verdict for injured former SEPTA conductor appealed to Commonwealth Court
PHILADELPHIA – After the Southeastern Pennsylvania Transportation Authority (SEPTA) was denied a new trial in the case of a former conductor who was assaulted on one of the agency’s train cars and later won a jury verdict in excess of $200,000, the transport group has appealed that decision to the Commonwealth Court of Pennsylvania.
Philly firefighter's libel suit against New York Daily News to be reheard next week in Third Circuit Court
PHILADELPHIA – A libel lawsuit brought by a Philadelphia firefighter against the New York Daily News, earlier dismissed by the U.S. Court of Appeals for the Third Circuit in February, has officially been listed for re-argument next week before the same panel of judges who decided the case.
Non-appearance at arbitration hearing results in Judgment of Non Pros
PHILADELPHIA – Besides legal counsel for plaintiffs injured in a deck fall on the premises of a property service company leaving that litigation, a lack of appearance at an arbitration from all parties involved resulted in a Judgment of Non Pros being handed down.
Extraordinary relief motion granted in premises liability lawsuit against nail salon
PHILADELPHIA – Though a motion from counsel for a Southampton nail salon seeking for a premises liability lawsuit filed against it to be transferred to the Bucks County Court of Common Pleas was rejected by a Philadelphia judge, a follow-up motion for extraordinary relief in the case was granted.
Settlement conference held in contract dispute between news media agencies
PHILADELPHIA – A settlement conference has been slated for Wednesday in a legal dispute between two news media companies and their related breach of contract litigation.