News from March 2016

Auto dealer alleges Premier Auction misrepresented classic car

By Gene Johnson | Mar 15, 2016

HARRISBURG – A Clinton County auto dealer is suing two other vehicle dealers for $125,000, alleging it purchased what turned out not be a classic Chevrolet Chevelle SS LS6.

Patient blames Zimmer Inc. for defective knee device

By Gene Johnson | Mar 15, 2016

PHILADELPHIA – A New Jersey man is suing the manufacturer of knee device, alleging it caused him personal and economic injuries.

Treatment facility wants Hazelton schools to pay for disabled child’s care

By Gene Johnson | Mar 15, 2016

HARRISBURG – A Bucks County non-profit residential treatment facility is suing a school district in an effort to collect costs for a disabled child’s care and special education program.

PennDOE's request to review U.S. Department of Education financial recovery order denied

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently denied a petition from the Pennsylvania Department of Education to review an amount owed to the U.S. Department of Education for misuse of federal funds.

Equal protection charge filed against City of Philadelphia over trash collection fee dismissed

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – A multi-unit property owner who filed a federal complaint alleging the City of Philadelphia violated the Equal Protection Clause of the Fourteenth Amendment has had that charge dismissed.

Third Circuit dismisses judicial fraud complaint and related recusal motion

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a ruling from a lower federal court which both prevented a recusal motion from proceeding and dismissed a judicial fraud complaint in its entirety.

Fraud and conversion claims dismissed against company that planned Papal visit campground

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – A federal court in Philadelphia has dismissed claims of fraud and conversion against an event planning company tasked with operating a campground in the city, during the visit of Pope Francis last fall.

State Farm did not act in bad faith when handling couple's underinsured motorist claim

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has turned away a couple’s argument that State Farm Mutual Insurance Company acted in bad faith in handling their claim for underinsured motorist (UIM) benefits.

Third Circuit cites Rooker-Feldman doctrine in barring state court judgment appeal

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – One party’s attempt to appeal the dismissal of a complaint challenging judgment levied against him in a state court mortgage foreclosure action is barred by the Rooker-Feldman doctrine.

Lack of jurisdiction causes dismissal of lawsuit against preschool daycare

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – A federal appeals court has dismissed a personal injury action against a preschool learning center for a lack of jurisdiction.

Federal appeals court rejects breach of contract and bad faith claims against USLI

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – Ruling in line with the U.S. District Court for the Eastern District of Pennsylvania, a federal appeals court has determined United States Liability Insurance Company & Group (USLI) had no duty to defend or indemnify Adam Hammond, and rejected Hammond’s claims of breach of contract and bad faith.

Client accuses Aetna Life of wrongful termination of disability pay

By Annie Hunt | Mar 16, 2016

PHILADELPHIA — A former supermarket manager is suing Aetna Life Insurance, alleging wrongfully withholding disability benefits.

Former conductor accuses Norfolk Railway of discrimination

By Annie Hunt | Mar 16, 2016

PHILADELPHIA — A former conductor is suing Norfolk Southern Railway Company, alleging wrongful termination and discrimination.

Client alleges USAA Insurance fails to pay due benefits

By Annie Hunt | Mar 16, 2016

PHILADELPHIA — A Pennsylvania woman is suing USAA Insurance Agency, alleging refusal to compensate her for injuries sustained in an automobile accident.

Confidential information dispute leads to court action

By Travis Zuellig | Mar 17, 2016

PHILADELPHIA — The principal employee of a consulting business is suing an Iowa company, seeking permanent injunctive relief surrounding the alleged unlawful taking of confidential information.

Former owner alleges Abington Pain Medicine breached stock purchase deal

By Travis Zuellig | Mar 17, 2016

PHILADELPHIA — The former owner of a medicine business is suing the buyers of the company, alleging breach of the stock purchase agreement with more than $400,000 owed.

Third Circuit dismisses racial discrimination claims from former Pa. state trooper

By Nicholas Malfitano | Mar 17, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit upheld a trial court judgment dismissing an African-American trooper’s claims of racial discrimination against the Pennsylvania State Police.

President Obama nominates Rebecca Ross Haywood to serve on Third Circuit Court of Appeals

By Nicholas Malfitano | Mar 17, 2016

WASHINGTON – President Barack Obama has nominated a member of the U.S. Attorney’s Office in Western Pennsylvania to fill a vacancy on the U.S. Court of Appeals for the Third Circuit.

Colwyn man did not prove fraud claims against PECO, Third Circuit says

By Nicholas Malfitano | Mar 17, 2016

PHILADELPHIA – A federal appeals court has affirmed a District Court ruling dismissing a Colwyn man’s complaint against PECO Energy Company, a PECO Bankruptcy Department attorney and a trustee from U.S. Bankruptcy Court.

Handicapped child's family alleges Mars Area School District owes attorney fees

By Gene Johnson | Mar 17, 2016

PITTSBURGH – The parents of a handicapped child are suing a local school district in an effort to recoup costs associated with a hearing regarding the child's mandated accommodations during his time in the district.

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