News from May 2016
Licensing restrictions and usage rights at the heart of Houghton-Mifflin copyright case
PHILADELPHIA — It can be difficult for companies with large numbers of images to keep track of the licenses they have for each, but they have a legal responsibility to do so, according to an advocate for simplifying image rights management.
'Likelihood of confusion' is standard at issue in winery trademark case
PHILADELPHIA—In order to prevail in its recently filed trademark infringement case, California winery Wilson’s Vineyards will have to prove that there’s a likelihood consumers would confuse it with Pennsylvania-based Wilson’s Vineyard.
Trucker says ice in parking lot caused him to fall
HARRISBURG – A trucker is suing a commercial construction company over an alleged slip and fall he suffered at the company’s parking lot.
Woman says hospice violated ADA by firing her
PITTSBURGH – A former administrative assistant at a hospice has sued her ex-employer over a claim that she was fired after being diagnosed with breast cancer and was told by the defendant that she was "very expensive to employ.”
Pizza chain sues former franchisee, alleging trademark infringement
PITTSBURGH – A pizza chain is suing a former franchisee over a claim of trademark infringement.
Nurse claims she was fired due to her disability
PHILADELPHIA – A nurse has sued her former employers over a claim that she was let go because of her disability.
Man says racial discrimination led to firing
PHILADELPHIA – An African-American technician is suing his former employer over a claim that he was fired because of racial discrimination.
Man claims discrimination by school district
PHILADELPHIA — An employee is suing Wissahickon School District, a former employer, citing alleged age discrimination, disability discrimination, and wrongful or constructive termination.
Lutheran ministry accused of ADA violation
PHILADELPHIA – An activities director at a Lutheran ministry is suing her former employer over a claim that she was fired because of her disability.
Woman says she was fired after taking time to recover from surgery
PHILADELPHIA – A woman is suing her former employer over a claim that she was fired after missing time due to an ectopic pregnancy and recovery from surgery.
Woman claims discrimination at workplace
PHILADELPHIA – A woman is suing her employer over a claim that she is being consistently harassed and discriminated against by co-workers and management because of her disability.
Salesman claims he was fired due to age discrimination
PHILADELPHIA – A salesperson is suing his former employer over a claim that he was fired because of his age.
Class certification motion granted in arrest record dissemination lawsuit
PHILADELPHIA – A motion for class certification has been granted by the U.S. District Court for the Eastern District of Pennsylvania, in the case of a man seeking to be the lead plaintiff in a prospective lawsuit revolving around the improper dissemination of arrest records for himself and thousands of other individuals.
Loss of consortium claim ruled time-barred in slip-and-fall case against local church, U.S. Postal Service
PHILADELPHIA – Negligence charges against a local church and the United States Postal Service (USPS) in a slip-and-fall case will proceed in federal court, but a loss of consortium claim associated with that same complaint, in part, will not.
Breach of contract, bad faith claims against State Farm Insurance Company dismissed
ALLENTOWN – A Danielsville couple’s claims of breach of contract and bad faith against State Farm Insurance Company have been dismissed from the U.S. District Court for the Eastern District of Pennsylvania
Third Circuit Court dismisses FDCPA, RICO Act claims in mortgage lawsuit
PHILADELPHIA – On May 5, the U.S. Court of Appeals for the Third Circuit upheld a trial court verdict which dismissed claims filed under the Fair Debt Collection Practices Act (FDCPA), Racketeer Influenced Corrupt Organization (RICO) Act, and declined to exercise supplemental jurisdiction over state law claims.
Major client disagreements yield attorney withdrawal in sidewalk slip-and-fall case
PHILADELPHIA – Citing “major disagreements” with his client, counsel for a defendant connected to a premises liability lawsuit seeks to leave the case.
Best Western seeking to strike $95K default judgment from premises liability case
PHILADELPHIA – Hotel corporation Best Western International, Inc. is seeking to strike a $95,000 default judgment entered against it in December, due to alleged improper service of the lawsuit connected to the judgment.
Irreconcilable differences lead counsel to leave lawsuit against fitness center
PHILADELPHIA – Plaintiff counsel in a premises liability lawsuit against a local fitness facility seeks to exit the litigation, citing irreconcilable differences.
New information leads attorney to leave injury lawsuit against local food bank
PHILADELPHIA – New and recently-discovered information has compelled plaintiff counsel to depart a personal injury case involving a local food bank organization.