News from October 2016
CP Rail System blamed for injuries tied to fall onto rail switch
A man is suing his employer, Delaware and Hudson Railway Company Inc. d/b/a CP Rail System, citing alleged hostile work environment, liability and negligence.
JP Myers & Associates LLC accused of negligence in accounting
A married couple from Pittsburgh are suing an accountant and his firm, citing alleged breach of contract, negligence and negligent misrepresentation.
ALI membership to convene in Philadelphia for conference on restatement of insurance liability law
On Thursday and Friday, Advisers and a Members Consultative Group from the American Law Institute (ALI) will be convening for a meeting regarding Restatement of the Law as it pertains to liability insurance.
Failure to exhaust administrative remedies leads to dismissal of discrimination, injury case
A federal appellate court upheld a lower court’s decision to dismiss a lawsuit filed against Amazon’s third-party sales operations department.
Attorneys concur with Third Circuit judge's dissent in certification of employment class action
A pair of attorneys believe a recent federal appellate court ruling has misinterpreted case law in certifying a putative class action involving independent contractors of the world’s largest commercial cleaning franchisor.
Judges appear to gain autonomy in weighing medical claims in workers' compensation cases
A leading labor and employment attorney advises employers to pay closer attention to work-related injuries and be sure to request that impairment rating evaluation physicians appointed by the Pennsylvania Department of Labor and Industry (DLI) defer evaluations of cases to other experts with specialized expertise in each medical situation.
Commonwealth Court overturns trial court's view of 'de minimus' vehicle registration compliance
In the eyes of the Commonwealth Court of Pennsylvania, the three-month suspension of a man’s vehicle registration imposed by the Pennsylvania Department of Transportation’s Bureau of Motor Vehicles (DOT) was valid.
Third Circuit dismisses 'frivolous' defamation claims
A federal appellate judge turned away the appeal of a former congressional candidate who claims he was defamed by private citizens in the district where his campaign took place.
Company blamed for allegedly selling defective part used in wheelchair lift
An insurance firm and its insured party that makes wheelchair lifts are suing a Wisconsin corporation, citing alleged liability.
Woman says Unum Life Insurance Company of America improperly denied benefits
The woman is suing the insurer, citing alleged breach of contract.
Woman blames property owners for injuries allegedly suffered in fall down stairs
A woman who was a business invitee to a couple's premises is suing over allegations that she was injured due to negligence and insufficient measures taken to prevent injuries.
Data from wearable fitness devices could be important evidence in workplace litigation
Wearable activity trackers are essential for many people at the gym, but it seems now that Fitbit, Jawbone and others could be just as important in the courtroom, given precedents set in a 2015 Lancaster case that debunked a plaintiff's story, as well as other cases elsewhere.
Website ADA compliance cases spike; ruling seen as 'not a good sign' for defendants
Pennsylvania is one of three states, along with New York and California, where Americans with Disabilities Act lawsuits filed in connection with allegedly inaccessible websites have steadily increased.
Third Circuit upholds dismissal of developer's action against City of Philadelphia, City Council
Citing the U.S. District Court for the Eastern District of Pennsylvania’s “excellent opinion,” the U.S. Court of Appeals for the Third Circuit has upheld a ruling dismissing a developer’s lawsuit for failure to state a claim.
Fees in Venango County Sheriff's sale levied improperly, Superior Court says
The Superior Court of Pennsylvania has overturned a trial court ruling that denied a defendant’s exceptions to the Proposed Schedule of Distribution submitted by the Venango County Sheriff in a mortgage foreclosure action following a sheriff’s sale of real property located in Oil City.
TransUnion, Experian, others accused of breaching duty in credit history
A woman's lawsuit claims the credit reporting agencies breached their duty and violated federal law.
Experian, Equifax accused of reporting false information
A Reading man is suing the credit reporting agencies for alleged defamation, misrepresentation in debt collection and violation of federal law.
Mercy Health System of Southern Pennsylvania accused of violating wage laws
A former employee is suing Mercy Health, alleging violation of wage laws.
NHS Human Services accused of violating wage laws
A former employee is suing NHS Human Services, alleging the employer failed to pay her proper overtime compensation.
Life Insurance Company of North America accused of wrongly denying benefits
A man is suing an insurer, alleging breach of contract in the denial of long-term disability benefits.