News from August 2021
Radnor health care and hospice group seeking judgment of non pros in wrongful death suit
MEDIA – A Delaware County health care entity is pursuing a judgment of non pros in wrongful death litigation accusing it of subpar care of one of its residents, before and leading up to her death.
Federal jurisdiction contested in case of Bethel Park couple who allegedly contracted COVID-19 from physical therapists
PITTSBURGH – Entities in a negligence lawsuit centering on whether or not a physical therapy firm’s lack of using personal protective equipment led a Bethel Park couple to contract COVID-19 are battling over whether the case has a pertinent federal question.
Rockview corrections officers say force used on prisoner was justified, pursue summary judgment
WILLIAMSPORT – Corrections officials at SCI-Rockview are pursuing summary judgment in an excessive force lawsuit brought a prisoner currently in state custody, finding that such force was justified under the circumstances at the time.
Lawsuit: Black cadet at Valley Forge Military Academy discriminated against with severe penalties for incident he wasn't involved in
PHILADELPHIA – A local woman alleges that her son, a cadet at Valley Forge Military Academy & College, was racially discriminated against during his tenure, and that Black cadets were disciplined more severely at the school than others.
Age, gender discrimination responsible for promotions and marketing director's termination, suit says
PHILADELPHIA – A Montgomery County woman who worked as a promotions and marketing director for a local media company claims that she was unjustly terminated from her role, on the basis of her age and gender.
Bath & Body Works faces class action over credit, debit card numbers printed on receipts
PITTSBURGH — Bath & Body Works is facing a class action lawsuit over its alleged printing of more than the last five digits of customers' credit/debit card numbers on its paper receipts.
Third Circuit vacates federal court's ruling and declares suit over legality of Wolf's COVID-19 measures is moot
PHILADELPHIA – A federal appeals court has overturned a lower court ruling which eliminated Gov. Tom Wolf’s unprecedented COVID-19 emergency restrictions, finding the issue to be moot because not only have those restrictions expired in the interim, but voters statewide have also since amended the state constitution to roll back a governor’s range of emergency powers.
Delco man alleges he was subjected to illegal search and seizure during traffic stop, and subsequent cover-up
PHILADELPHIA – A Delaware County man alleges his constitutional rights were violated when he was subjected to an illegal search and seizure during a traffic stop by a Darby Township police officer, and has brought legal action against that officer, his superior and the municipality.
Delaware River group's EPA suit update: Judge remands lawsuit on rule likely to be repealed by Biden Administration
PHILADELPHIA – A federal judge has granted a move from the Environmental Protection Agency to remand a lawsuit brought by the Delaware Riverkeeper Network without vacatur, concerning a specific tenet of the Clean Water Act now under review by the administration of President Joe Biden.
Lawsuit update: Microwave meatball makers say woman is to blame for burning her foot
PITTSBURGH – The manufacturers of microwave meatballs contend they are not responsible for burn injuries a Western Pennsylvania woman suffered, when a plastic container allegedly failed and the meatballs fell onto her left foot.
Non-denominational church reiterates that Pa. officials won't recognize marriages performed by their ministers
PITTSBURGH – A Seattle-based, non-denominational church stands by its case that Allegheny County officials are allegedly misusing a Pennsylvania law to avoid solemnizing legal marriages in the Commonwealth.
Statement of the U.S. Attorney’s Office for the Eastern District of Pennsylvania Regarding Recent Publication by Institute for Quantitative Study of Inclusion, Diversity, and Equity, Inc.
In our constitutional democracy, the court is the focal point of the entire criminal justice system; its mission is to serve the public by administering justice in a fair and impartial manner, by preserving each citizen’s constitutional rights, and by faithfully applying the rule of law in each individual case.
Third Circuit: Tunkhannock School District authorities acted properly, when firing principal for DUI's
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has unanimously affirmed that board members of the Tunkhannock Area School District Board did not violate the constitutional rights of one of its former elementary school principals, when the District fired him in 2016 for two incidents of driving under the influence.
Cancer patient secretly filmed by radiology technician when she undressed for exam, files suit against West Penn Hospital
PITTSBURGH – A Western Pennsylvania married couple alleges that a local hospital system was negligent in employing a radiology technician who used hidden cameras at West Penn Hospital to record more than 50 female patients in states of undress, with one of them being the wife-plaintiff.
Pittsburgh siding company counters that co-defendants are responsible for Maryland contractor's spinal injuries
PITTSBURGH – A Pittsburgh siding company denies allegations that a contractor’s severe spinal fractures suffered two years ago are the result of its own negligence, instead assigning that blame to its fellow co-defendants.
Instant Pot manufacturer argues that toddler's burn injuries were instead caused by her mother
PITTSBURGH – The manufacturer of an Instant Pot pressure cooking device which allegedly burned a two-year-old girl replies to litigation over the incident by counter-claiming that the child’s mother was instead responsible for her injuries.
Philadelphia says it didn't violate prison guard's rights when it disciplined him for Facebook post
PHILADELPHIA – The City of Philadelphia disciplined a corrections officer for a Facebook post in which he called for a rally in response to payroll policy breaches, arguing that its interest in maintaining order among its prison control staff outweighs its interest in the plaintiff’s constitutional rights.
Lawsuit: Ross Dress is selling dangerous stools
PITTSBURGH — A mother is claiming her daughter was injured by a razor sharp edge on a stool purchased at Ross Dress For Less.
Giant Eagle wants sanctions imposed on plaintiffs who sued it over COVID-19 mask usage, arguing they committed misconduct
PITTSBURGH – Defense counsel for Giant Eagle grocery stores are seeking sanctions to be levied against several plaintiffs claiming their disabilities prevent them from wearing face coverings in stores during the coronavirus pandemic, claiming they’ve evaded proper discovery procedures and engaged in misconduct.
MMA Capital stockholder says company and board omitted key information from merger proposal
PHILADELPHIA – A stockholder in MMA Capital Holdings, Inc. has brought suit against the company and its Board of Directors, claiming the defendants withheld key information about a proposed merger between itself and two other corporations.