News from May 2016
Woman says former employer violated rights
PHILADELPHIA — A former fresh food manager is suing former employer Wawa Inc., citing alleged hostile work environment, violation of civil rights, and wrongful or constructive termination.
Government sues over alleged indebtedness
PITTSBURGH — The federal government is suing over allegations of default on a loan.
Happy-hour violations can lead to severe penalties
HARRISBURG—Happy hour laws govern how alcoholic drinks can be discounted or promoted at restaurants, breweries, wineries or hotels; however, violating those laws can be costly and even result in a suspension of a business' liquor license.
Pennsylvania prohibits insurers from discriminating based on gender identity
HARRISBURG—A notice issued earlier this month by Pennsylvania Insurance Commissioner Teresa Miller prohibits insurance companies from discriminating based on gender identity, but don’t require any specific coverage for procedures.
Self-reporting review that led to U.S. Attorney's lawsuit against Philly pub is inadequate, disability rights attorney says
PHILADELPHIA – The good news may be that 24 of 25 popular and often frequented restaurants in Philadelphia are not being sued by a U.S. Attorney but South Philadelphia Tap Room is, all of which is surprising, a disability rights attorney said during a recent interview.
Pennsylvania False Claims Act deemed fiscal risk by opposition
HARRISBURG – Pennsylvania's legislature may consider passing a False Claims Act (FCA) aimed at preventing Medicare and Medicaid fraud.
June hearing set to resolve discovery contest in Yahoo email alert service lawsuit
PHILADELPHIA – A hearing has been set in a Philadelphia federal court for June 3, in order to resolve a discovery dispute connected to a putative class action lawsuit against Yahoo, Inc. and its now-discontinued text message email alert service.
Federal appeals court dismisses legal malpractice action based on claim preclusion doctrine
PHILADELPHIA – On Tuesday, the U.S. Court of Appeals for the Third Circuit upheld a trial court ruling to dismiss a legal malpractice complaint with prejudice and dismissed as moot a plaintiff’s “motion for extension of time” to file an appeal.
Default judgment awarded to laborers council for failure to defend against unpaid contribution claims
PHILADELPHIA – Last Friday, a Philadelphia federal court entered a default judgment in the favor of the Laborers’ District Council of the Metropolitan Area of Philadelphia and Vicinity and its various Benefit Funds, who sought damages and equitable relief under the Employee Retirement Income Security Act (ERISA) and the Labor Management Relations Act (LMRA).
Uber seeks to dismiss Philly-based antitrust lawsuit for failure to state claims
PHILADELPHIA – On May 19, Uber Technologies, Inc. filed a motion in federal court to dismiss an antitrust lawsuit filed against it, for failure to state claims.
Copyright holders say music played without license or permission
HARRISBURG — Creators of musical compositions are suing The New A-Ville, Inc. and Nancy Wolfe, establishment operators, citing alleged copyright infringement.
Man claims harm from inaccurate credit information
PHILADELPHIA — An Alabama man is suing Trans Union LLC, Experian Information Solutions Inc., Equifax Information Services LLC and Enhanced Recovery Company LLC, citing alleged false credit information.
Man says he was harassed and wrongfully terminated
HARRISBURG — A man is suing United Methodist Homes and Brad Picchini, former joint employers, citing alleged unlawful employment practices, discrimination, harassment and wrongful termination.
Woman claims wrongful termination by health care agency
PHILADELPHIA — A health aide is suing A.H. Home Health Care Service LLC, a former employer, alleging wrongful termination and failure to provide accommodation.
Women say restaurant didn't pay proper overtime
PITTSBURGH — Two employees have filed a class-action lawsuit against the Dairy Queen Grill and Chill Restaurant franchise in Johnstown, claiming the restaurant did not properly compensate them for overtime work.
Employment discrimination lawsuit against Department of Homeland Security's Secretary to remain dismissed
PHILADELPHIA – According to a federal appellate court ruling Tuesday, a former Transportation Security Administration (TSA) agent’s employment discrimination lawsuit against the Secretary of the Department of Homeland Security (DHS) will remain dismissed.
Author does not prevail on summary judgment motion against Amazon.com related to book sales
PHILADELPHIA – A trial court order of summary judgment for Amazon CEO Jeff Bezos and Amazon.com and against an author seeking allegedly unpaid royalties will remain in place, per a Monday decision from the U.S. Court of Appeals for the Third Circuit.
Permanent injunction granted in favor of media device company's patent infringement case
PHILADELPHIA – A permanent injunction has been granted in a patent infringement case, where a federal judge said the plaintiff demonstrated the issuing of such an injunction was “in the public’s interest.”
Third Circuit grants City of Philadelphia summary judgment in Rehabilitation Act-based lawsuit
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit stated Friday that a former Philadelphia Police Department officer candidate failed to establish a prima facie case of employment discrimination, and upheld a trial court ruling granting summary judgment to the City of Philadelphia.
Third Circuit: Late receptionist's beneficiaries ineligible for survivor death benefits
PHILADELPHIA – On Friday, the U.S. Court of Appeals for the Third Circuit upheld a U.S. District Court for the Western District of Pennsylvania decision that declared the children of a deceased receptionist were not eligible for survivor death benefits.