News from March 2017
Phoney Lawsuits: A federal law is giving litigious people a new income stream
In June 2014, Melody Stoops began a business venture that would lead to the collection
of at least 35 cell phones that she stored in a shoebox. Though she lived in a small town in central Pennsylvania, she used Florida area codes when she registered for a new phone number for each.
Commonwealth Court sides with cab company over disputed fine
PHILADELPHIA - The Commonwealth Court of Pennsylvania
has overturned a lower court ruling that upheld a fine imposed by the Philadelphia
Parking Authority, Taxicab and Limousine Division against Germantown Cab Co.
Attorney to fight 'bizarre' ruling ordering new trial because judge retired
HARRISBURG – To say attorney Anthony Pinnie is frustrated by a “bizarre” Superior Court of Pennsylvania ruling that vacated a judgment awarded to his client would be an understatement.
Policeman sues doorbell video company and residents of home for alleged illicit recording
PHILADELPHIA — A Montgomery County police officer is suing Bot Home Automation Inc. d/b/a Ring.com, and Bernard Moscia and Elisa Leboutilier, citing alleged violation of federal law for recording him without his knowledge or consent during a response and using the recording online for promotional purposes.
E-cigarette maker refuses to accept returns on unsold products, wholesaler claims
PHILADELPHIA — A Pennsylvania wholesaler is suing Ballantyne Brands LLC, a North Carolina company that produces electronic cigarettes and related paraphernalia, citing alleged breach of contract.
FedEx driver claims Cigna/LINA owe long-term disability benefits
SCRANTON — A delivery driver for Federal Express is suing Cigna Group Insurance d/b/a Life Insurance Company of North America (LINA), citing alleged failure to pay his rightful long-term disability benefits.
Lawsuit says heated pool exploded, fire ensued
PHILADELPHIA — A Bucks County couple are suing Monogram Custom Homes and Pools; Sharp Energy Inc.; Dreisbach Plumbing, Heating, Air Conditioning & Excavating; and Norton McMurray Manufacturing Company, alleging the companies are liable for a fire stemming from faulty installation of a heated swimming pool.
Payment processor refuses to pay overtime or commission, former exec claims
PHILADELPHIA — An employee is suing Electronic Funds Transfer Corporation d/b/a EFX Corp. and its president and CEO Deven W. Werling, citing alleged unpaid wages and violation of workers compensation acts for refusing to pay overtime and commission.
PPL employee seeks disability benefits from Philadelphia insurer
PHILADELPHIA — An employee of PPL Corporation, an energy company, is suing Life Insurance Company of North America citing alleged breach of contract for failing to pay long-term disability insurance.
Cook says she received no overtime pay despite working nearly 70 hours per week
PHILADELPHIA — A restaurant employee is suing Francisco's Salvadoreno Restaurant and its owner, Francisco Mejia, citing alleged unpaid wages, violation of applicable minimum wage law and violation of workers compensation acts.
Former systems technician settles wrongful termination action against Verizon
PHILADELPHIA – A former Verizon systems technician who sued the telecommunications giant for wrongful termination when it suspended and terminated him in June 2015, has settled the litigation according to court records.
Court records show injured Spartan Race participant's complaint settled
PHILADELPHIA – An injured participant’s case against Spartan Race, Inc. and the resort area that hosted one of their events has been settled, according to a docket in the Philadelphia County Court of Common Pleas.
Judge orders Amtrak conductor to verify lawsuit and provide address to opposing counsel
PHILADELPHIA – A state court judge has ordered the conductor of an Amtrak train that derailed in Philadelphia in May 2015, resulting in the deaths of eight people and injuries to more than 200, to officially verify his complaint and disclose his full address to defense counsel.
District judge rules that data stored outside of U.S. subject to warrants
PHILADELPHIA – Data can still be subject to search warrants issued in the United States even if it is stored in another country, according to a federal magistrate judge in the Eastern District of Pennsylvania.
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Lift manufacturer denies claims its product led to man's death in tree removal accident
PHILADELPHIA – Counsel for an industrial lift manufacturing company have categorically denied claims from a Pennsylvania woman who said the equipment they designed and sold was responsible for the untimely death of her husband during his tree removal job.
Lord & Taylor attorney believes recklessness, punitive damages claims not proven in sewing needle injury case
PHILADELPHIA – An attorney for Lord & Taylor believes allegations for recklessness and punitive damages made in a lawsuit over a sewing needle, one which one of the plaintiffs said seriously injured her, were not proven to legal sufficiency.
Counsel for Apple says exploding phone lawsuit should be heard in Schuylkill County
PHILADELPHIA – An attorney for Apple is arguing a lawsuit filed by a plaintiff whose iPhone 5 allegedly exploded in his pocket should be heard in the Schuylkill County Court of Common Pleas.
Christmas Tree Shops wants exploding jar lawsuit heard in federal court
PHILADELPHIA – Attorneys for Christmas Tree Shops, Inc. are attempting to remove a lawsuit filed by an Effort couple to federal court, one which claims the store chain negligently sold a jar which exploded and caused severe hand injuries to one of the plaintiffs.
False Claims Act bill to be introduced again; Sponsor confident in passage - if he can get it to a vote
HARRISBURG – A staple of recent annual legislature sessions has been the introduction of a state equivalent to the federal False Claims Act (FCA), and one Pennsylvania congressman has said he plans to soon bring such a bill back to the floor for consideration. But opinions remain divided on the effectiveness of that legislation to benefit the state.
Federal court says res judicata doctrine bars further action in mortgage foreclosure case
PHILADELPHIA – A federal judge said the doctrine of res judicata effectively bars several claims initiated in a mortgage foreclosure action from proceeding in court.