News from January 2017
Third Circuit says PennDOT not liable for damages tied to trucking company owner's unregistered trailer
PHILADELPHIA – In a per curiam decision, federal appellate judges have decided to uphold a lower court’s ruling that the Pennsylvania Department of Transportation and its associates are not liable for damages in allegedly failing to register a man’s trailer for the trucking company he owned.
Third Circuit rules man's $217K penalty not able to be discharged in bankruptcy proceeding
PHILADELPHIA – The U.S. Court of Appeals for Third Circuit has ruled a man’s debt tied to a finding of intentional infliction of emotional distress was not permitted to be discharged in the midst of his Chapter 7 bankruptcy proceedings.
Missing testimony notes leads to dismissal of car wreck lawsuit
HARRISBURG – The Superior Court of Pennsylvania said a complaint brought by a pair of plaintiffs in a motor vehicle accident is missing mandatory testimony notes, which then led the judiciary to dismiss the complaint entirely.
ADA and breach of contract litigation against Harcum College settled
PHILADELPHIA – A federal lawsuit from a woman who claimed a local college was responsible for intentionally inflicting emotional distress on her and denying her due process in violation of the Americans with Disabilities Act of 1990 (ADA), has been settled.
Montreal Convention doesn't apply to transit shipment dispute, Pa. federal judge says
PHILADELPHIA – A federal judge says the Montreal Convention hasn’t been proven to govern a dispute centered on a shipment of human growth hormone that was damaged in transit.
Burger King slip-and-fall lawsuit placed in alternative resolution program
ERIE – A lawsuit filed by a New York woman who alleges she was injured when she fell on ice outside of a Fairview Burger King has been designated for placement in the Alternative Dispute Resolution program.
Firearm owners group president calls injunction against Lower Merion 'long overdue'
HARRISBURG – The Commonwealth Court of Pennsylvania reversed a ruling in December in which the Court of Common Pleas of Montgomery Count denied a motion for a preliminary injunction against an ordinance that prohibits the carrying or discharging of firearms in a park without a special permit.
Trustee for defunct company facing action from Labor Dept.
ERIE – What happens when the Department of Labor sues a defunct wind turbine company on behalf of employees whose retirement funds have allegedly disappeared? If you’re the trustee for the plan, you may be personally responsible for putting the money back.
Kashkashian & Associates accused of preventing appeal
PHILADELPHIA — Two people are suing Michael Gigliotti and Kashkashian & Associates, citing alleged breach of contract by the law firm.
Statute of limitations makes sheriff's sale property case time-barred from further proceedings
PHILADELPHIA – The statute of limitations applied to a complaint regarding outstanding costs related to a Philadelphia property sold at sheriff’s sale more than three years ago, has led that complaint to be dismissed in federal court.
Lab quality manager's wrongful termination action not headed back to Lehigh County court
PHILADELPHIA – A healthcare lab quality manager’s wrongful termination lawsuit will not be remanded to the Lehigh County Court of Common Pleas, per a federal court’s decision reached Monday.
Cell phone repair and recycling company's unjust enrichment claim has no basis, appeals court says
PHILADELPHIA – A federal appeals court has upheld the trial court dismissal of a Souderton cellular phone repair and recycling company’s claim of unjust enrichment against an insurance agency based in New York City.
Third Circuit rules in case of worker killed by on-the-job accident
PHILADELPHIA – A panel of federal appellate judges believe the local District Court incorrectly interpreted and characterized the injury claims of a plaintiff whose husband lost his life in a work-related crane accident, and have remanded the case for further proceedings.
Former employee accuses Xome of wrongful termination
PITTSBURGH — A former employee is suing Xome, a Pennsylvania business, citing alleged wrongful termination.
South Carolina company WM Cook Construction accused of not paying for goods
PITTSBURGH — A Pennsylvania business is suing South Carolina company WM Cook Construction Co. and personal guarantor Will Cook, alleging breach of contract.
I.G. Federal Electric Supply Corp. accused of not paying
PITTSBURGH — A Pennsylvania company is suing I.G. Federal Electric Supply Corp., a New York corporation, alleging breach of contract.
Rockhill Mennonite Community accused of FMLA violation
PHILADELPHIA — A former employee is suing Rockhill Mennonite Home, doing business as Rockhill Mennonite Community, alleging violation of the Family and Medical Leave Act.
Celtic Homecare, others accused of violating FMLA
PITTSBURGH — A nurse is suing parties connected with her former employer, alleging that she was terminated in violation of the Family and Medical Leave Act.
Woman trips over hose, sues Sam's Club
PITTSBURGH — A woman is suing Wal-Mart Stores Inc. and Wal-Mart Stores East LP, alleging negligence in connection with a fall.
Negligence and wrongful death action against nursing case facility returning to Lancaster court
HARRISBURG – A negligence and wrongful death action against a Lancaster nursing care facility has been remanded to the Lancaster County Court of Common Pleas, per a recent decision from the Superior Court of Pennsylvania.