News from May 2017
Woman holds Bayer, Merck responsible for negative side effects of Avelox
PHILADELPHIA — A Hawaii woman is suing drugmakers Bayer and Merck alleging breach of warranty, fraud, liability, negligence and negligent misrepresentation.
When rules defy common sense
Thinking – taking everything into consideration – seems like a no-brainer: something every employer would want employees to do, something every teacher would want students to learn how to do.
Former USAir flight attendant loses appeal in legal malpractice case
A former flight attendant for USAir, after years of battling in court to receive disability benefits, has lost her legal malpractice case against the attorneys who formerly represented her.
Lawyer denied fees from settlement after client switched firms
HARRISBURG — The state Commonwealth Court recently upheld a decision by the Workers’ Compensation Appeal Board that denied a contingent fee on a settlement that was rejected by a claimant.
Action claiming lawnmower severely injured plaintiff may soon be dismissed from Philadelphia court
PHILADELPHIA – A product liability action alleging a lawnmower malfunctioned and maimed a plaintiff may soon be dismissed from the Philadelphia County Court of Common Pleas.
Third Circuit dismisses case of former Philly police officer who claimed lack of reinstatement was racially motivated
PHILADELPHIA – A federal appeals court panel has affirmed the dismissal of a case from a former member of the Philadelphia Police Department, who believed he was both wrongfully terminated and his attempt for reinstatement refused under racially discriminatory pretenses.
New trial ordered after jurors googled litigant's past
HARRISBURG — The state Superior Court recently affirmed a decision by a trial court to allow a new trial to proceed in a dispute that involves jurors accessing information that was not permitted by the court.
Superior Court affirms dismissal of wrongful termination case against Nova Chemicals
PITTSBURGH — The state Superior Court has found that the Court of Common Pleas of Allegheny County was correct in dismissing Joseph Gross’s wrongful termination case against Nova Chemicals Services.
Couple's appeal against Deutsche Bank thrown out because of late response
PHILADELPHIA — Timely appeals are still necessary regardless of the underlying facts, according to a non-precedential ruling from the Pennsylvania Superior Court.
Inmate's religious freedom allegation over less choir practice thrown out; Dissenting judge says case not frivolous
HARRISBURG — A prison inmate's allegations that Pennsylvania Department of Correction officials are infringing on his religious practices were upheld as frivolous by the Pennsylvania Commonwealth Court in a 2-1 ruling handed down May 1.
Superior Court rejects Honda’s call for new trial in $55M case
PHILADELPHIA — A Pennsylvania appeals court has rejected American Honda Motor Co.’s motion for a new trial after a lower court’s jury awarded $55.3 million in damages to Carlos Martinez, who was paralyzed in an accident in a Honda vehicle.
Home shopping company sues former executive for taxes owed stemming from China-based job
PHILADELPHIA — A home shopping corporation is suing James Clarke, a former executive, citing alleged breach of contract for a dispute over taxes.
Former VP says ABRA Auto Body & Glass owes six months' salary for severance
PHILADELPHIA — An individual is suing ABRA Auto Body & Glass LP, citing alleged breach of contract.
Woman claims Caring Matters Home Care violated her FMLA rights
PHILADELPHIA — An employee is suing Caring Matters Home Care, citing alleged unpaid wages, violation of the Family and Medical Leave Act and violation of Workers' Compensation acts.
Quality control manager says Eisai health research firm fired him for reporting misconduct
PHILADELPHIA — An individual is suing Eisai Inc., a New Jersey health care research corporation, citing alleged breach of contract, retaliation and wrongful termination for reporting wrongdoing.
Plymouth Meeting eye-care company says Alabama firm infringed patented product
PHILADELPHIA — An eye-care products maker is suing Lunovus LLC, based in Alabama, and various individuals with the company alleging patent infringement.
Employee alleges negligence by Amtrak in accident caused by rail-line vehicle
PHILADELPHIA — An employee is suing National Railroad Passenger Corporation, commonly known as Amtrak, citing alleged insufficient measures were taken to prevent injuries, liability and negligence for a workplace accident.
Center Valley doctor says Maryland company sent unsolicited faxes
PHILADELPHIA — A doctor has filed a class action lawsuit against National Imaging Associates Inc., a Maryland corporation, citing alleged violation of telephone harassment statutes for their sending of unwanted faxes.
Unlimited Technology sues former employee for allegedly taking trade secrets
PHILADELPHIA — A security and technology services firm is suing Richard Leighton, DTS Security Inc. and Secure Vizual LLC, citing breach of contract for allegedly taking and using trade secrets.
IFS Industries says Minnesota company wrongfully claims patent
PHILADELPHIA — A Reading corporation is suing H.B. Fuller Company, of Minnesota, citing alleged patent infringement regarding an adhesive product it says it developed.