News from June 2016
Woman says government employee caused collision
PHILADELPHIA — A woman is suing the United States of America, in care of the attorney general in Washington and the civil process clerk at the U.S. Attorney's Office in Philadelphia, alleging negligence, insufficient measures taken to prevent injuries and violation of federal law.
Couple claim faulty dehumidifier caused fire
PHILADELPHIA — A couple's lawsuit against Sears Roebuck and Co., a home appliance manufacturer, alleging negligence, design defect, product liability and insufficient measures taken to prevent injuries in connection with a dehumidifier.
Woman says employer didn't pay proper overtime
PHILADELPHIA — A former employee is suing Certainteed Corporation, alleging failure to pay proper overtime wages.
ERISA precludes man's breach of contract and insurance fraud claims
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit agreed with a trial court that the Employee Retirement Income Security Act of 1974 (ERISA) pre-empted a Philadelphia man’s breach of contract and fraud claims.
Family Dollar slip-and-fall suit receives extra time to clarify diversity of citizenship
PHILADELPHIA – A Harrisburg woman’s premises liability lawsuit against Family Dollar will receive additional time to determine proper citizenship of the defendant, but will not be immediately remanded to the Philadelphia County Court of Common Pleas
CFPB consumer agency moves to enforce civil investigation demand against J.G. Wentworth
PHILADELPHIA – On June 7, a Washington, D.C.-based consumer financial agency has filed a petition to enforce a civil investigative demand against J.G. Wentworth
Civil rights claims against Philadelphia Parking Authority, Police Department termed "meritless"
PHILADELPHIA – A federal appellate court has determined a Philadelphia man’s civil rights complaint claims against the Philadelphia Police Department, Philadelphia Parking Authority, Philadelphia Traffic Court and Pennsylvania Department of Transportation are “meritless”, and thus dismissed his appeal on that ground.
False arrest claims stemming from nightclub incident fail in federal court
PHILADELPHIA – Mother and daughter plaintiffs who accused officers from the Philadelphia Police Department of unlawful arrest, malicious prosecution, excessive force and other charges in connection with an incident at a city gentleman’s club, have lost those claims in federal court.
Third Circuit Court strikes down former temp's ADEA violation claims against Lehigh Valley Hospital, Inc.
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit have upheld a dismissal regarding an Allentown woman’s claims of age discrimination versus her former employer, Lehigh Valley Hospital, Inc., as well as a denial of her motion for reconsideration.
City of Philadelphia files class action antitrust lawsuit over interest rate swaps as part of MDL
CHICAGO – Recently, the City of Philadelphia initiated a major class-action lawsuit in Illinois federal court against a number of world financial institutions, claimed they violated federal antitrust law in colluding to prevent the purchase and sale of interest rate swaps (IRS).
Third Circuit: Pottstown hospital did not violate Anti-Kickback Statute, False Claims Act
PHILADELPHIA – A federal appellate court recently rejected the notion that Pottstown Memorial Medical Center violated the Medicare and Medicaid Patient Protection Act of 1987 (Anti-Kickback Statute) and the False Claims Act.
Army vet/business owner taking tax dispute with Philadelphia to U.S. Supreme Court
PHILADELPHIA – The attorney for the owner of a Philadelphia real estate business said he and his client “are very dismayed” by a May ruling issued by a federal appeals court that held the man is not entitled to the tax liability protections afforded by the Servicemembers' Civil Relief Act (SCRA) to business owners while they are actively serving the U.S.military.
Former FTC attorney: Win in Hershey/Pinnacle merger 'critically important'
HARRISBURG – The Federal Trade Commission’s (FTC) attempt to
block a merger between the Penn State Hershey Medical Center and PinnacleHealth
System, the first of two rejected hospital merger injunction requests in as
many months, will be heard next by the U.S. Court of Appeals for the Third
Circuit.
Woman claims discrimination during course of employment
HARRISBURG — A former employee is suing BCD Travel USA LLC, citing alleged discrimination, retaliation, unpaid wages and violation of workers compensation acts.
Sears accused of selling defective freezer
PENNSYLVANIA — A Doylestown man is suing Sears, Roebuck and Co., citing alleged design defect, liability and product liability.
Worker says he wasn't paid properly by The Happy Huckster Corp.
PENNSYLVANIA — A former employee has filed a class-action lawsuit against The Happy Huckster Corp., citing alleged unpaid wages and wrongful termination.
Contractor sues over alleged failure to pay
PHILADELPHIA — A Delaware corporation is suing Ironshore Indemnity Inc. of Minnesota and Atlantic Structural Panels Inc. of Pennsylvania, citing alleged breach of contract and failure to pay for completed work.
Woman alleges telephone harassment
PHILADELPHIA — A woman is suing Ocwen Loan Servicing LLC, a Delaware company, citing alleged violation of the Telephone Consumer Protection Act and the Real Estate Settlement and Procedures Act.
Venue and service objections at hand in steel worker's premises liability action
PHILADELPHIA – Preliminary objections over venue and proper service mark a steel worker's injury lawsuit emanating from Coatesville.
Venue objection overruled and affidavit of service stricken in woman's case against Brandywine YMCA
PHILADELPHIA – Preliminary objections have been both granted and overruled in a personal injury lawsuit involving a woman hurt at an area YMCA branch, including an affidavit of service being stricken from the case.