News from May 2016
Defense counsel seeks approval of preliminary objections and docket corrections
PHILADELPHIA – Motions for preliminary objections and to correct docket information in the record have been filed in a condominium complex slip-and-fall case.
Counsel leaves slip-and-fall litigation involving Philadelphia day care facility
PHILADELPHIA – An attorney for a day care facility involved in a premises liability lawsuit has elected to withdraw his appearance, citing a conflict with his client.
Third Circuit: SCRA does not nullify collection of delinquent tax money owed to City of Philadelphia
PHILADELPHIA – A former enlisted member of the U.S. Army Reserve who sued the City of Philadelphia in connection with an assessment of delinquent taxes on property he and his spouse rented during his tour of active duty has lost his case, a federal appellate court ruled last Wednesday.
Defendants have 'no proximate cause' in accidental death at Dorney Park
PHILADELPHIA – According to a federal appellate court, a trial court was correct in determining a number of defendants had no proximate relation to the accidental death of an employee of Dorney Park & Wildwater Kingdom in Allentown.
Uber retains counsel in antitrust litigation, is granted extension in Philadelphia federal court
PHILADELPHIA – According to a federal judge, Uber Technologies, Inc. has been granted a two-week extension to respond to an antitrust lawsuit filed against it in March by the Philadelphia Taxi Association.
Appeals court dismisses retaliation suit from former server at Harrah's Chester Casino and Racetrack
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit ruled a woman’s claims of unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act (FMLA) against Harrah’s Chester Casino & Racetrack were once again dismissed through a grant of summary judgment.
Woman says debt collector violated telephone law
PITTSBURGH — A consumer is suing Medicredit, Inc., a debt collection company, citing alleged violation of telephone harassment statutes.
Employers should maintain strong policies following $188M Wal-Mart decision
Pennsylvania employers need to be wary of their procedures in light of a U.S. Supreme Court decision earlier this month not to review an appeal in a $187.6 million Wal-Mart class action case, say two attorneys who've blogged about the case.
Emotional distress and due process claims dismissed from woman's ADA suit against Harcum College
A federal court has dismissed a woman’s claims for intentional infliction of emotional distress and violation of due process from her lawsuit alleging a college violated the Americans with Disabilities Act of 1990 (ADA).
Federal appellate court upholds denial of woman's disability insurance benefits
The U.S. Court of Appeals for the Third Circuit recently announced it upheld a trial court verdict of denial in the case of a woman who was seeking disability insurance benefits.
Psychologist's most recent litigation seeking license reinstatement deemed 'meritless'
A federal appeals court determined Tuesday that a psychologist who continues to fight for the reinstatement of his license to practice medicine brought forth “meritless” litigation.
Fair Debt Collection Practices Act complaint to proceed in Philadelphia federal court
A federal judge recently ruled that a recovery agency facing complaints of violating the Fair Debt Practices Collection Act (FDCPA) will see that case continue.
Lansdowne resident accuses business of violating telephone law
PHILADELPHIA - A consumer is suing Rhode Island company CVS Health and Does 1-10, citing alleged violation of telephone harassment statutes.
Man sues employer and foreman for alleged sexual harassment
PHILADELPHIA — A man is suing electrical construction company Carr and Duff Inc. and Thurmond Pace, his former employer and foreman, citing alleged gender discrimination and sexual harassment.
Man accuses former employer of racial discrimination
PHILADELPHIA — A man is suing PSC Industrial Outsourcing LP, a former employer, citing alleged employment discrimination.
Sellersville resident accuses company of telephone harassment
PHILADELPHIA — A consumer is suing Navient Solutions Inc. and Does 1-10, Arizona corporation, citing alleged violation of telephone harassment statutes.
Car buyer claims repossession was in error
PHILADELPHIA — A consumer is suing Best Buy Motors Inc., International Recovery Systems Inc. and John Doe Repo-Agent, citing alleged breach of contract, unlawful repossession, trespass and conversion.
Former employee of hospital alleges age discrimination
PHILADELPHIA — A woman is suing Mercy Philadelphia Hospital and Mercy Health System, her former employer, citing alleged age discrimination, disability discrimination, and wrongful termination.
City dismissed from Philly man's illegal search and seizure action against police
The City of Philadelphia has been dismissed from an action alleging illegal search and seizure of a city man’s home, a federal court recently ruled.
ERISA pre-empts breach of contract lawsuit against Reliance Standard Insurance Company, IBEW
A federal court has dismissed a lawsuit alleging breach of contract and breach of fiduciary duty filed against Reliance Standard Life Insurance Company, the International Brotherhood of Electrical Workers (IBEW) Local 380 and the Union’s Trustees of the Health, Welfare and Pension Plans.