News from June 2016

Former FTC attorney: Win in Hershey/Pinnacle merger 'critically important'

By Carrie Salls | Jun 22, 2016

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.

Army vet/business owner taking tax dispute with Philadelphia to U.S. Supreme Court

By Carrie Salls | Jun 22, 2016

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.

Third Circuit: Pottstown hospital did not violate Anti-Kickback Statute, False Claims Act

By Nicholas Malfitano | Jun 22, 2016

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.

City of Philadelphia files class action antitrust lawsuit over interest rate swaps as part of MDL

By Nicholas Malfitano | Jun 22, 2016

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 Court strikes down former temp's ADEA violation claims against Lehigh Valley Hospital, Inc.

By Nicholas Malfitano | Jun 22, 2016

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.

False arrest claims stemming from nightclub incident fail in federal court

By Nicholas Malfitano | Jun 22, 2016

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.

Civil rights claims against Philadelphia Parking Authority, Police Department termed "meritless"

By Nicholas Malfitano | Jun 22, 2016

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.

CFPB consumer agency moves to enforce civil investigation demand against J.G. Wentworth

By Nicholas Malfitano | Jun 22, 2016

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

Family Dollar slip-and-fall suit receives extra time to clarify diversity of citizenship

By Nicholas Malfitano | Jun 22, 2016

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

ERISA precludes man's breach of contract and insurance fraud claims

By Nicholas Malfitano | Jun 22, 2016

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.

Woman says employer didn't pay proper overtime

By Louie Torres | Jun 22, 2016

PHILADELPHIA — A former employee is suing Certainteed Corporation, alleging failure to pay proper overtime wages.

Couple claim faulty dehumidifier caused fire

By Louie Torres | Jun 22, 2016

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 government employee caused collision

By Louie Torres | Jun 22, 2016

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.

Man says state agency discriminated against him

By Louie Torres | Jun 22, 2016

PITTSBURGH — A former employee is suing the Commonwealth of Pennsylvania Department of Human Services, citing alleged disability discrimination, retaliation and sexual discrimination.

Man says credit reporting company damaged him

By Louie Torres | Jun 22, 2016

PHILADELPHIA — A Wisconsin man is suing TransUnion LLC, a Pennsylvania business, citing alleged violation of federal law.

Altoona personal care home not liable for resident's off-site death caused by drunk driver

By Carrie Salls | Jun 23, 2016

HARRISBURG – The Superior Court of Pennsylvania recently affirmed a Blair County court ruling that an Altoona personal care home was not negligent in allowing a resident of the home to leave the premises of his own free will before he was killed by a drunk driver while walking through an intersection in 2010.

Pittsburgh judge in polypropylene mesh case 'followed well-settled law,' attorney says

By Karen Kidd | Jun 23, 2016

PITTSBURGH – A decision handed down by a federal judge in the state's western district, dismissing most claims but allowing others to proceed against polypropylene mesh manufacturers and providers, is unique perhaps only in its normalcy, a Philadelphia attorney said during a recent interview.

Justice Thomas not on board with majority's ruling in case of Pa. man sentenced to death

By Karen Kidd | Jun 23, 2016

WASHINGTON – Dissent in a capital murder case, in which the U.S. Supreme Court ruled earlier this month that prosecutors can't judge actions they've prosecuted, is as instructive as the majority ruling, an expert in said during a recent interview.

Woman claims driver was negligent

By The Penn Record | Jun 23, 2016

PHILADELPHIA — A woman is suing Robert Snyder, a Philadelphia resident, alleging negligence and insufficient measures taken to prevent injuries.

Philadelphia resident accused of not repaying loan

By The Penn Record | Jun 23, 2016

PHILADELPHIA — The federal government is suing Barry C. Gillins, a Philadelphia resident, citing alleged default in payment.

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