News from 2016
Petition to vacate $9K arbitrator's award is denied once again by Superior Court
HARRISBURG – The Superior Court of Pennsylvania recently upheld the denial of a petition on behalf of a muffler and brake company to vacate an arbitrator’s award in excess of $9.000.
Superior Court: Lack of non-negligent circumstances lead to appeal filing being rejected
HARRISBURG – According to a Superior Court of Pennsylvania judge, a late appeal notice filing was not proven to be as a result of non-negligent circumstances and summarily denied.
Pension plan administrator alleges scheme to take money
WILLIAMSPORT — A pension plan administrator is suing John Jumper, Brent Porterfield, American Investments Fund I LLC, American Investments Fund II LLC and American Tubing Arkansas, alleging breach of contract and breach of duty.
Muria Intellectual Property alleges patent infringement
HARRISBURG — A Pennsylvania company is suing Speed Commerce Operating Company LLC, Speed Commerce Inc., Navarre Distribution Services Inc., Navarre Online Fulfilment Services Inc., Navarre Digital Services Inc., Encore Software LLC and Viva Media Inc., alleging patent infringement.
Pocono Peterbilt accused of not paying money owed
HARRISBURG — An Illinois business is suing Frank Buck Motors Inc., d/b/a Pocono Peterbilt, a Pennsylvania corporation, citing alleged breach of contract.
Advanced Fabrication Services sued over fire
HARRISBURG — A Pennsylvania company and insurers are suing Advanced Fabrication Services Inc., t/d/b/a as AFS Energy Systems, citing alleged negligence and product liability.
3M, others accused of responsibility for water contamination
PHILADELPHIA — A married couple's class action lawsuit against The 3M Company (f/k/a Minnesota Mining and Manufacturing Co.); Angus Fire; The Ansul Company; Buckeye Fire Protection; Chemguard; and National Foam alleges product liability.
Lowe's Home Centers accused of negligence in connection with fall
PHILADELPHIA — A married couple's lawsuit against Lowe's Home Centers LLC alleges liability, negligence and insufficient measures taken to prevent injuries.
Nationwide Mutual Fire Insurance Company seeks decree to avoid indemnification
PHILADELPHIA — An insurance firm is suing William Lolio Sr. and Gina Lolio, citing alleged breach of contract.
Man claims he's owed money for investment in water-park project
PITTSBURGH — An investor is suing Wei Min Zou, an individual, citing alleged breach of contract, fraud and unjust enrichment.
Labor funds say Sodexho Campus Food Services at Drexel University owes contributions
PHILADELPHIA — Labor funds are suing Sodexho Campus Food Services at Drexel University, citing alleged breach of contract.
The Hartford, SPS Technologies accused of wrongly denying benefits
PHILADELPHIA — A man employee is suing The Hartford and SPS Technologies LLC, plan administrators, alleging breach of contract and violation of the Employee Retirement Income Security Act.
Man blames GM, vehicle dealers for loss of leg
PITTSBURGH — A man is suing General Motors LLC; Riehle Chevrolet Inc., d/b/a Star Chevrolet and Star Chevrolet-Nissan-Volvo; and Timbrook Automotive Inc., t/a Timbrook Chevrolet, alleging product liability.
First National Bank of Pennsylvania claims man owes for mortgage
PITTSBURGH — A financial institution is suing Michael Walther, an individual, citing alleged breach of contract and unpaid debt.
Jury instructions on product liability unlikely to change; Issues probably to be decided in court
HARRISBURG – A subcommittee charged with developing jury instructions following a Pennsylvania Supreme Court decision on product liability has no plans to change the language of its new instructions, for now.
Court: 'Speculation' insufficient to overturn summary judgment to Novartis Pharmaceuticals
PHILADELPHIA – A federal appeals court has decided summary judgment was correctly granted in the case of a cancer patient who contracted osteonecrosis of the jaw (ONJ) in response to a medication he was administered.
Attorney: Third Circuit threatens business model of franchising
PHILADELPHIA – A divided panel of the U.S. Court of Appeals for the Third Circuit recently granted class certification in a case against Jani-King of Philadelphia that alleges the company’s franchisees were improperly being classified as independent contractors.
Anxiety not a claim for damages in data breach case
PITTSBURGH – Plaintiffs in a data breach class action lawsuit against Barnes & Nobles fixed their standing problem but still couldn't adequately allege damages, a Pittsburgh attorney says.
American Express Bank FSB says credit card account in arrears
PITTSBURGH — A financial institution is suing Iftikhar Malik, a/k/a Iftikhar A. Malik, individually and d/b/a Malik Foods, and Malik Foods, alleging breach of contract on a credit card account.
Circadiance LLC claims MIMO used mark for infant monitoring devices
ERIE – A Turtle Creek maker of infant movement and breathing monitors alleges a Boston company is using a similar trademark for similar devices.