News from April 2017
Doctor claims Optum Inc. sent unwanted faxes to advertising business
PHILADELPHIA — A Center Valley doctor has filed a class action lawsuit against Optum Inc. and Optuminsight Inc., a Minnesota medical services firm, alleging violation of telephone harassment laws.
York County woman says Hanover Foods denied her FMLA rights
HARRISBURG — An assembly-line employee is suing Hanover Foods Corporation, citing alleged discrimination and violation of the Family and Medical Leave Act.
BMI, other publishing companies sue Yorgos Restaurant for playing music without license
PHILADELPHIA — A number of music publishing companies are suing Yorgos Restaurant and Lounge, citing alleged copyright infringement for playing their songs in the restaurant without a license.
Medical, cosmetic tech company denied employees overtime wages, suit says
PHILADELPHIA — Four employees are suing Transdermal Specialties Inc., Intellectual Property Trust and Bruce K. Redding Jr., citing alleged unpaid wages.
Killion and Sons failed to pay overtime to oil-field contractor, suit claims
PITTSBURGH — A oil-field worker is suing Killion and Sons Well Service Inc., alleging unpaid wages and violation of Workers' Compensation acts.
Luzerne County judge cites Right To Farm Act and rules to dismiss neighbors' nuisance complaints
WILKES-BARRE – A state court judge cited Pennsylvania’s Right To Farm Act (RTFA) in recently dismissing a case from neighbors who filed a lawsuit over the use of liquid swine manure as part of the defendants' farming operations.
Third Circuit agrees with lower court that Rooker-Feldman doctrine precludes claims in FDCPA case
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit agreed with a lower federal court that the Rooker-Feldman doctrine precluded the claims of plaintiffs who believed U.S. Bank breached its mortgage obligations and the Fair Debt Collections Practices Act (FDCPA).
Third Circuit Court says tax attorney's whistleblower-related retaliation claims not precluded
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has decided that a tax attorney was not precluded from claiming wrongful termination against his former employer, for blowing the whistle on their allegedly illegal practices.
Claims of improper treatment at veterans medical facility remanded to District Court, Third Circuit rules
PHILADELPHIA – A federal appeals court says a woman’s claims of improper treatment at a veterans medical facility will be remanded to the U.S. District Court for further proceedings.
First Xarelto federal bellwether trial beginning in Louisiana court
NEW ORLEANS – The initial bellwether trial to ascertain whether the manufacturers of Xarelto are liable for claims which allege the blood-thinning medication caused injury or death to more than 15,000 patients was slated to begin Monday in a Louisiana federal court.
Four sue Bucks County defense contractor for alleged unfair wages
PHILADELPHIA — Four former employees are suing Navmar Applied Sciences Corporation, a defense contractor, citing alleged unpaid wages and violation of Workers' Compensation acts.
EBS Healthcare claims Therapy Source bought websites using its trademark
PHILADELPHIA — A West Chester business is suing Therapy Source Inc., citing alleged unfair competition.
New Jersey woman claims Amtrak failed to provide safe workplace on train
PHILADELPHIA — A train employee is suing the National Railroad Passenger Corporation (Amtrak), claiming an alleged hostile work environment and that insufficient measures were taken to prevent injuries.
Employee says Polk Foundation failed to pay adequate overtime
HARRISBURG — A maintenance worker is suing the Charles P. and Margaret E. Polk Foundation, citing alleged unpaid wages and violation of Workers' Compensation acts.
Suit alleges oil-field services provider Killion and Sons failed to pay overtime
PITTSBURGH — An oil-field employee is suing Killion and Sons Well Service Inc., citing alleged unpaid wages, violation of applicable minimum wage law and violation of Workers' Compensation acts.
Another headline with the term 'Mafia-style' in it
“Sticks and stones may break my bones, but names will never harm me.” It's not much of a taunt, is it? In fact, it's positively foolhardy insofar as it encourages the name-caller to abandon his verbal attack and start throwing hard and pointed objects.
Superior Court upholds Philadelphia court's decision to transfer casino injury suit to Bucks County
HARRISBURG – The Superior Court of Pennsylvania ruled that a state court in Philadelphia was not in error when it transferred a plaintiff’s premises liability action against a Bensalem casino to its counterpart court in Bucks County.
Mass. lawyer says knife maker's defamation case against him lacks Pa. jurisdiction
PHILADELPHIA – A Massachusetts lawyer accused of defaming a North Carolina man and Pennsylvania knife manufacturer and seller through his online commentary, is attempting to have the case against him dismissed for lack of personal jurisdiction.
Chester County massage facility seeking injunction to prevent its closing
PHILADELPHIA – A Chester County massage clinic which may be facing the closing of its doors is seeking a preliminary injunction to prevent itself from going out of business permanently.
District Court judge dismisses auto detailer's wrongful termination litigation
PHILADELPHIA – A federal judge has dismissed an automotive detailer’s wrongful termination action against his former place of business, Carousel Hyundai in West Chester.