News from May 2016
Textbook company accused of copyright infringement
PHILADELPHIA – A textbook manufacturer is being sued by a photographer over a claim of copyright infringement.
Man says Wal-Mart unjustly fired him
PHILADELPHIA – A former assistant manager at Wal-Mart is suing the retail giant over a claim that he was fired because of time he took off the job to care for a work-related injury.
Forklift driver claims he was fired due to his age
PHILADELPHIA – A forklift driver/warehouseman is suing his former employer over a claim that he was let go because of his age and his medical disabilities that included diabetes.
District Court rejects breach of contract, due process violations claims against Montgomery County Community College
PHILADELPHIA – Per a recent federal court opinion, a former student of Montgomery County Community College brought charges of breach of contract, and procedural and substantive due process against the college unsuccessfully.
Third Circuit fails to find issue of material fact in mortgage foreclosure fact against U.S. Bank
PHILADELPHIA – A federal appellate court determined a couple who filed suit against U.S. Bank did not raise a genuine material fact that documents were improperly submitted by the defense in their case.
Several preliminary objections raised in fatal assault wrongful death lawsuit
PHILADELPHIA – A number of preliminary objections from defense counsel are in play, in connection with a fatal assault and battery-based wrongful death and survival lawsuit emanating from Sinking Springs.
Defense attorney seeking to transfer motor vehicle accident case to Chester County
PHILADELPHIA – Defense counsel in a motor vehicle accident case filed in Philadelphia is seeking to transfer that litigation to the Chester County Court of Common Pleas.
After continuance delay, attorney withdrawal hearing in slip-and-fall case set to proceed
PHILADELPHIA – Following a continuance, defense counsel in an icy slip-and-fall action still seek to withdraw from the lawsuit due to a coverage clause in their client’s insurance policy.
Bucks County court is proper venue for hotel personal injury case, attorney says
PHILADELPHIA – According to defense counsel in a hotel personal injury case, the matter has no business being tried in Philadelphia and should instead be heard in the Bucks County Court of Common Pleas.
Communication issues with client lead to plaintiff counsel's withdrawal from crash lawsuit
PHILADELPHIA – Plaintiff counsel in a serious motor vehicle accident lawsuit is seeking to leave the litigation after communication issues with his client made his representation no longer possible.
Defense attorney wants premises liability lawsuit against hotel sent to Montgomery County
PHILADELPHIA – Defense counsel in a hotel’s premises liability action wants the litigation transferred to court in Montgomery County.
Opposing counsel spar over preliminary objections motions in condo fall case
PHILADELPHIA – Counsel for both the plaintiff and defendants in a premises liability action have filed opposing motions for preliminary objections in the Philadelphia County Court of Common Pleas.
Client conflict leads to appearance withdrawal hearing in slip-and-fall case
PHILADELPHIA – Subsequent to a short continuance, an attorney for a day care facility involved in a premises liability lawsuit is still attempting to withdraw his appearance, citing a conflict with his client.
NDA breach and copyright infringement case will remain in federal court; remand motion dismissed
PHILADELPHIA – A lawsuit between two companies involving allegations of breach of a non-disclosure agreement, fraud misappropriation and copyright infringement will not be returning to the Montgomery County Court of Common Pleas.
City of Philadelphia dismissed from arrest-related lawsuit alleging federal and state law violation claims
PHILADELPHIA – The City of Philadelphia has been dismissed from a civil rights complaint alleging various constitutional and state law violations against the City, the Philadelphia Police Department and several unidentified department officers.
Montgomery County Court's Domestic Relations Compliance Unit did not violate man's due process
PHILADELPHIA – Per a recent decision from the U.S. Court of Appeals for the Third Circuit, a civil lawsuit filed against the Domestic Relations Compliance Unit of the Montgomery County Court of Common Pleas remains dismissed.
Accident complaint versus New Jersey Transit dismissed for lack of subject matter jurisdiction
PHILADELPHIA – A Pennsylvania plaintiff’s complaint against New Jersey Transit and one of its bus drivers was recently dismissed without prejudice from the Philadelphia County Court of Common Pleas, in order to allow future re-filing in a more “appropriate forum.”
Hatboro man accuses janitorial company of constructive termination
PHILADELPHIA — A field operations manager is suing ABM Janitorial Services, a former employer, citing alleged violation of the Family and Medical Leave Act and violation of wage laws.
Couple's lawsuit says credit agencies violated law
PHILADELPHIA — A married couple's lawsuit against Equifax Inc., TransUnion LLC, Experian Corporation, Barclays Bank Delaware and John Does 1-10, credit agencies, alleges false reporting.
Massage therapist says employer failed to accommodate
PHILADELPHIA — A massage therapist is suing Giggity Group LLC, a former employer, citing alleged disability discrimination, retaliation and wrongful termination.