News from January 2017
Civil rights claims against Pennsylvania state trooper dismissed for lack of standing
PHILADELPHIA – Federal appellate court judges have thrown out a civil rights action filed against a member of the Pennsylvania State Police for a perceived lack of merit, per court records.
Traffic Effect LLC seeks exclusive use of internet domain
PITTSBURGH — A Pennsylvania company is suing Yitchak Kadosh, Perfect Flooring of PGH LLC, Pittsburgh Floor & Tile LLC and Perfect Flooring & Total Handy Service LLC, alleging breach of contract, unfair competition and unjust enrichment.
USA Mobile Commissary accused of not providing truck or refund
PITTSBURGH — A Pittsburgh-area organization is suing USA Mobile Commissary Inc. and company official Gary Koppelman, alleging breach of contract and unjust enrichment.
Underwriting important for insurance policies in product contamination claims
PITTSBURGH – A Pennsylvania federal court made a ruling this year using New York law determining that an insurer could rescind its product contamination policy because of an insured’s material misrepresentations made during the application process concerning its loss history.
Fidelity responds to age discrimination allegations
PITTSBURGH — A former broker claims his former employer, Fidelity Brokerage Services, promoted a younger worker from another office to replace him after he was fired without an explanation in April, but the company is refuting those allegations.
School district loses appeal after changing sick-leave policy
HARRISBURG – The Pennsylvania Commonwealth Court in November sent a message to public employers in the commonwealth when it ruled that the Chester Upland School District was guilty of unfair labor practices because it adopted a punctuality and
attendance policy for employees without first engaging in collective bargaining.
Bucks County men file lawsuit over firearms ownership restrictions
PHILADELPHIA – Two men from Bucks County have filed a lawsuit against the Attorney General of the United States, the Department of Justice, the Federal Bureau of Investigation and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, among a number of other legal and law enforcement entities, claiming their Second Amendment rights were unfairly revoked.
Monroe County man's civil rights suit against legal and law enforcement entities dismissed on appeal
PHILADELPHIA – A group of appeals court judges have decided to uphold the dismissal of a Henryville man’s lawsuit against a municipality, attorney and a number of law enforcement entities in a civil rights action.
Analysts say Sierra Club seeks to win delays, not legal battles
WASHINGTON – Although none of the Sierra Club’s recent antitrust complaints resulted in stopping a liquid natural gas (LNG) pipeline project, antitrust and industry experts say legal victory was not the environmental group’s goal.
Superior Court: Appeal in mortgage foreclosure case lacks standing
HARRISBURG – The Superior Court decided late last week that an appeal in a mortgage foreclosure action would not move forward due to a perceived lack of basis for the appeal itself.
Third Circuit rules against former Temple University athlete in harassment case
PHILADELPHIA – A panel of appellate judges has ruled a former Temple University athlete's claims of sexual harassment, mistreatment and retaliation in the form of a loss of her athletic scholarship were time-barred, and upheld a prior granting of summary judgment.
Magazine sues rival publication's proprietors for allegedly violating non-compete agreement
SCRANTON – A Newfoundland, Pa. magazine has filed litigation against the proprietors of a rival publication, claiming they infringed on the stipulations of a non-compete contract they signed as a part of a former franchisee agreement.
BrightStar Care claims damages from alleged actions of former employees
PITTSBURGH — A Pennsylvania corporation is suing former employees Doreen McCune and Tywanda Zeigler and competitor Excel Companion Care, alleging breach of contract, violation of trade secrets law and tortious interference.
84 Lumber Company claims Kentucky business failed to pay
PITTSBURGH — A Pennsylvania business is suing Kentucky company Monsour Builders Inc. and owner David M. Monsour, citing alleged breach of contract and unjust enrichment.
Ashbury Distribution Services accused of breaching contract
PITTSBURGH — An Allegheny County residential real estate company is suing property maintenance company Ashbury Distribution Services Inc. and owner Kelly Morrissey, alleging breach of contract, negligent misrepresentation and negligence.
Dollar Tree Stores, others blamed for injuries
PHILADELPHIA — A married couple's lawsuit against Dollar Tree Stores Inc.; Awesome Products Inc. d/b/a LA's Totally Awesome; and John Does 1 to 4 alleges negligence, liability and loss of consortium in connection with a slip-and-fall incident.
Sam's Club incident allegedly caused injuries
PITTSBURGH — A married couple's lawsuit against Walmart Stores Inc. and Sam's East Inc. alleges negligence in connection with injuries suffered at the Sam's Club in Tarentum.
Couple blame Medline Industries for injuries in fall
PITTSBURGH — A married couple's lawsuit against Medline Industries Inc., an Illinois corporation, alleges negligence, product liability and loss of consortium.
Summary judgment granted to defendant in Fair Credit Reporting Act case
PHILADELPHIA – A plaintiff’s lack of response in litigation related to alleged violation of the Fair Credit Reporting Act (FCRA) by a related agency, has led a federal judge to grant summary judgment to the case’s defendant.
Joinder motion denied and complaint amendment permitted in vehicle personal injury case
PHILADELPHIA – A federal judge says an Ashley man will not be permitted to join the alleged driver of the vehicle which injured him as a necessary party, but will be allowed to amend his complaint to add a charge of negligent entrustment.