News from July 2018
Department of Labor wins damages in sushi restaurant case, settlement conference to be held
PHILADELPHIA – Senior Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania granted the U.S. Department of Labor's request for liquidated damages in a case regarding violations of the Fair Labor Standards Act allegedly committed by some Pennsylvania Japanese restaurants, according to a July 12 opinion.
Third Circuit once again upholds Boyertown school district's transgender student restroom policy
PHILADELPHIA – For the second time, the U.S. Court of Appeals for the Third Circuit ruled it will not stop a policy allowing transgender students in Boyertown schools to use the restroom facilities corresponding to their gender identity, a decision that could potentially send the case to the U.S. Supreme Court.
Federal court dismisses copyright infringement case filed against Anheuser Busch by Philly skyline photographer
PHILADELPHIA – A federal court in Philadelphia has thrown out a copyright infringement lawsuit brought by a local photographer who claimed Anheuser Busch illegally copied his photo of the Philadelphia skyline when it created a neon sign advertising Budweiser.
Innovel Solutions fights defamation lawsuit from former employee accused of stealing microwave
PHILADELPHIA - A company accused by a former employee of defamation has requested the case be dismissed or resolved via arbitration and that it be moved to the U.S. District Court for the Eastern District of Pennsylvania from the Court of Common Pleas of Lehigh County.
Walgreens defendants get more time to answer shareholders' class action over Rite Aid merger
The pharmacy chains are granted more time to respond to claims alleging false and misleading statements were made during a failed merger in 2016,
Whiting-Turner Contracting claims no liability in 2016 alleged sexual assault at Philly Navy Yard
PHILADELPHIA — A federal judge has not yet ruled whether a Philadelphia woman will be allowed to file a third amended complaint against a contracting company over an alleged nonconsensual sexual incident that occurred at the Philadelphia Navy Yard in 2016.
Patient's appeal of malpractice trial result not valid, rules Superior Court
HARRISBURG – A three-judge panel of the Superior Court of Pennsylvania threw out the post-trial appeal of a plaintiff who filed a medical malpractice complaint against Philadelphia-area doctors for reasons of jurisdiction, due to the trial court not having entered a final judgment on the case’s verdict.
Tucker Arensberg, attorneys denied motion to dismiss suit from Prime Energy & Chemical
PITTSBURGH – A Pittsburgh law firm, one of its partners and a former firm associate have been denied their motion to dismiss a lawsuit filed by a Florida oil and gas company that claimed the defendants’ collective fraud and deception caused the company to lose $678,000 in direct funds and $35 million in potential revenue and profit generation.
U.S. ATTORNEY'S OFFICE FOR THE EASTERN DISTRICT OF PENNSYLVANIA: Algerian Man Pleads Guilty to Conspiring with Pennsylvania Woman and Others to Provide Material Support to Terrorists
U.S. Attorney William M. McSwain, Assistant Attorney General for National Security John C. Demers, and Assistant Director in Charge of the FBI’s New York Field Office William F. Sweeney Jr. announced that an Algerian man pleaded guilty to conspiracy to provide material support and resources to terrorists. United States District Judge Petrese B. Tucker presided over the proceeding.
U.S. ATTORNEY'S OFFICE FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Former Schuylkill County Clerk Of Courts Charged With Fraud
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven M. Lukach, Jr., age 68, of Nesquehoning, Pennsylvania, was indicted by a federal grand jury on twenty counts of mail and wire fraud and manufacturing records to obstruct an investigation.
HOURIGAN KLUGER & QUINN: When Medication errors cause harm
When someone says the term ‘medication error’ what is the first thing that comes to mind?
HOURIGAN KLUGER & QUINN: When Surgeons make Mistakes
A 67-year-old woman is admitted to a teaching hospital for cerebral angiography.
SHELLER P.C.: Judge urges appeals court to uphold $70M Risperdal Verdict
Philadelphia Court of Common Pleas Judge Paula Patrick urges the Pennsylvania Superior Court to uphold the $70 Million jury verdict in A.Y. v. Janssen Pharmaceuticals. AY is one of many boys who developed gynecomastia after taking Janssen’s anti-psychotic medication Risperdal.
In Philadelphia, only 16% of new pharma cases are from Pennsylvania residents
PHILADELPHIA – A notable 2017 U.S. Supreme Court decision intended to limit the practice of forum-shopping has not deterred thousands of plaintiffs from filing pharmaceutical litigation in Philadelphia courts, recently-released statistics show.
Walmart wins request to limit evidence in suit involving child allegedly hit by 'rocket cart'
PITTSBURGH— The U.S. District Court for the Western District of Pennsylvania on March 26 granted Walmart's motion to dismiss certain testimony and evidence in a negligence case after a child was allegedly injured by an employee's cart.
Third Circuit says IRS employee did not prove prima facie discrimination case against Treasury Department
PHILADELPHIA – A federal appellate court ruled that a former employee of the Internal Revenue Service did not set out a prima facie case to support her allegations that she faced racial discrimination and a hostile work environment in her time at the IRS.
Trial pushes settlement of widow's Philadelphia asbestos lawsuit; Husband was a mechanic
PHILADELPHIA – Asbestos litigation brought by the widow of a former auto mechanic for Rohm & Haas, a subsidiary of Dow Chemical Company, was settled this week in a Philadelphia court.
Emma Chemicals files lawsuit alleging price-fixing conspiracy
PHILADELPHIA — Emma Chemicals Co. Inc. filed a class-action lawsuit against several manufacturing companies, citing alleged antitrust violations and unjust enrichment.
Property owner blames Carbondale, sewer authority for damage to home
SCRANTON — A property owner is suing the City of Carbondale and the Lackawanna River Basin Sewer Authority, citing alleged breach of duty and negligence.
Couple blames Brewer's Outlet, S&J Distributors and Sadguru Sai for injury
MEDIA — A Chester couple is suing Brewer's Outlet, S&J Distributors Inc. and Sadguru Sai Inc., citing alleged recklessness and negligence.