News from May 2017

Judge says West Bradford Township did not violate federal bankruptcy code, case dismissed

By Nicholas Malfitano | May 1, 2017

PHILADELPHIA – A federal appeals court ruled to dismiss the case of a couple who believed a township should be sanctioned for allegedly violating federal bankruptcy code, an identical decision which had been reached from a lower court.

Victim of hairstyling injury opposes argument her claims are barred by Pa. state laws

By Nicholas Malfitano | May 1, 2017

PHILADELPHIA – A woman who is suing her hairstylist and his employer for supposedly injuring her during the application of a hairstyle known as a “quick-weave”, opposes his claims that she knew the risks of such a procedure and that her case is barred by Pennsylvania laws.

Third-party financing of litigation is a crime in Pennsylvania

By The Pennsylvania Record | May 2, 2017

The negative effects of champerty and the bad incentives it creates are well-documented and have been known for centuries. Nevertheless, it has its appeal for attorneys hoping to profit by it without being challenged and held accountable.

Former FDA commissioner says Xarelto's manufacturers didn't warn patients of drug's risks

By Nicholas Malfitano | May 2, 2017

NEW ORLEANS – In the first week of the first federal bellwether trial connected to Xarelto, the former commissioner of the Food & Drug Administration (FDA) testified to his belief that the manufacturers of Xarelto misled patients on potential risks associated with the blood-thinning medication.

Supreme Court rules 4-3 that SEPTA isn't subject to City of Philadelphia's Fair Practices Ordinance

By Nicholas Malfitano | May 2, 2017

HARRISBURG – A recent 4-3 decision from the Supreme Court of Pennsylvania over the application of the Fair Practices Ordinance (FPO) to the Southeastern Pennsylvania Transportation Authority, said the agency was not subject to the auspices of that anti-discrimination legislation in Philadelphia.

Power tool manufacturer says Delaware couple's product liability suit wasn't filed in proper jurisdiction

By Nicholas Malfitano | May 2, 2017

PHILADELPHIA – Counsel for a Delaware power tool manufacturer has objected to a Wilmington, Del., couple’s product liability complaint, which alleges one of their tools had a blade that catastrophically injured one of the plaintiffs last year.

Woman claims debt collector, repo firm took car despite payment not being in default

By Louie Torres | May 3, 2017

PHILADELPHIA — A woman is suing Credit Acceptance Corporation and MJ Repo Services LLC, alleging the debt collector misrepresented payments owed in order to repossess her car.

Lice removal franchising company sues former franchisee for unfair competition

By Louie Torres | May 3, 2017

PHILADELPHIA — A Pennsylvania company is suing Lice Lifters of Harrisburg LLC and owner Latoya Wright, citing alleged breach of contract and unfair competition.

Amtrak materials clerk says she tripped over wires in workplace, suffering injuries

By Louie Torres | May 3, 2017

PHILADELPHIA — A Delaware woman is suing National Railroad Passenger Corporation (Amtrak), citing alleged hostile work environment, insufficient measures taken to prevent injuries, liability and negligence.

Complaint alleges debt collection letter contained contradictory, unclear information

By Louie Torres | May 3, 2017

PHILADELPHIA — A consumer is suing Security Financial Solutions LLC, a debt collector based in Carnegie, citing alleged misrepresentation in debt collection.

Operating engineers' union claims New Castle contractor owes payments

By Louie Torres | May 3, 2017

PITTSBURGH — A union is suing East Coast Paving & Sealcoating Inc., citing alleged breach of contract.

California company says eye doctor breached contract to provide work, research

By Louie Torres | May 3, 2017

PITTSBURGH — A California company is suing Wendy Strouse Watt O.D. and her company Blanda Enterprises Inc., citing alleged breach of contract.

Testimony of plaintiff's expert not enough, Superior Court rules in med-mal case

By Carrie Salls | May 3, 2017

PHILADELPHIA – The Superior Court of Pennsylvania recently upheld a lower court ruling that granted a request for compulsory non-suit in a lawsuit filed against Dr. David A. Vaughn and Surgical Specialists of Lancaster.

Superior Court upholds judgment to dismiss pharmaceutical patent suit

By Glenn Minnis | May 3, 2017

PHILADELPHIA — The Pennsylvania Superior Court on April 3 upheld a lower court’s judgment in a licensing agreement dispute between a pharmaceutical company and the creators of a drug technology.

Ophthamologist's wrongful termination claims dismissed as time-barred in federal court

By Nicholas Malfitano | May 3, 2017

PHILADELPHIA – The U.S. District Court for the Eastern District of Pennsylvania has ruled the claims of a pediatric ophthalmologist who believes he was wrongfully terminated under federal law as dismissed.

Supreme Court: State law offering protection from frivolous lawsuits can punish lawyers

By Nicholas Malfitano | May 3, 2017

HARRISBURG – After a challenge to its constitutionality in reference to attorneys, a 5-2 ruling from the Supreme Court of Pennsylvania on April 26 has upheld the Dragonetti Act.

Dissenting justice: Lawmakers overstepped authority with frivolous lawsuit measure

By Nicholas Malfitano | May 3, 2017

HARRISBURG – Two members of the Supreme Court of Pennsylvania, including Justice Christine Donohue, dissented from the majority view in a prominent case which examined the constitutionality of the Dragonetti Act as applied to attorneys in the state.

Banks seek alleged debt of over $36,000 from Pittsburgh consulting company

By Louie Torres | May 3, 2017

PITTSBURGH — A bank based in Buffalo, New York, is suing Source Consulting Services LLC and owner Thomas K. Sorce, citing alleged breach of contract for an outstanding balance on a loan.

Labor Department sues Jack Frost Construction for allegedly failing to pay overtime

By Louie Torres | May 4, 2017

PHILADELPHIA — The U.S. Department of Labor is bringing suit against Jack Frost Construction Inc. and owner Billy J. Sallurday, citing alleged unpaid wages and violation of Workers' Compensation acts.

Prudential employee says company wrongly refused her disability claim

By Louie Torres | May 4, 2017

PHILADELPHIA — A Montgomery County woman is suing Prudential Insurance Company of America, as both her employer and insurer through an employee plan, alleging the company wrongly denied her long-term disability benefits.

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