News from June 2022
Third Circuit concurs with District Court, on class certification for ERISA plan plaintiffs
PHILADELPHIA – A federal appellate court has affirmed a District Court decision which conferred class certification to plaintiffs enrolled in a retirement plan, who had alleged the company charged excessive record-keeping and administrative fees, and presented expensive investment options instead of more affordable alternatives.
Peoples Natural Gas points to co-defendant as being liable for plaintiff's mother's death from gas leak
PITTSBURGH – Peoples Natural Gas Company alleges its co-defendant is liable for negligence in piercing an underground gas main and failing to report the subsequent leak, which led to the death of the plaintiff’s mother from exposure to the gas.
Insurance coverage suit involving Folcroft Swim Club, where 13-year-old child drowned two years ago, continues
MEDIA – After the parents of a 13-year-old child who drowned at Folcroft Swim Club more than two years ago filed a wrongful death lawsuit against the facility, the swim club is lodged in another litigation brought by its insurance carrier, over whether the insurer has a responsibility to provide coverage in this matter.
Sherwin-Williams rejects plaintiffs' dispute of counsel fees after trade secret-disclosure sanctions
ALLENTOWN – Sherwin-Williams has responded to counsel for an Easton couple, who were recently sanctioned by a federal judge for dissemination of confidential trade secrets of the paint company, and who are now trying to reduce the amount in attorney’s fees requested by the defense as part of that same sanction.
Terry Mutchler recognized as one the most influential figures in the LGBTQIA+ community in Pennsylvania
Terry Mutchler recognized as one the most influential figures in the LGBTQIA+ community in Pennsylvania.
99 Ballard Spahr Attorneys, 49 Practices Recognized by Chambers USA in 2022 Edition
99 Ballard Spahr Attorneys, 49 Practices Recognized by Chambers USA in 2022 Edition.
McDonald's gets partial summary judgment against plaintiff who alleged supervisor sexually harassed her during job interview
PHILADELPHIA – A teenager who alleged that one of its managers showed her sexually graphic photos on his phone during her job interview at McDonald’s has voluntarily dismissed her negligence claim and been granted the opportunity to file a reply brief, while McDonald’s was partially granted its summary judgment motion.
One officer dismissed from Black Pitcairn business owner's discrimination and harassment suit
PITTSBURGH – A federal judge has approved one officer’s attempt to be dismissed from litigation brought by a Pitcairn business owner who claimed she was targeted for racial discrimination, harassment, code violations and false prosecution by local authorities after publicly criticizing the police’s perceived use of violence on Black citizens on social media.
Pittsburgh law firm continues to pursue recovery of $108K from client of four decades
PITTSBURGH – A Pittsburgh law firm stands by claims that one of its longtime commercial clients has breached its contract between the parties after control of the client business changed hands, leaving them in arrears for legal payments of more than $108,000.
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Pittsburgh cops continue pursuing summary judgment, in suit of woman arrested after denying support for former President Trump
PITTSBURGH – Two Pittsburgh police officers continue to maintain that they should be granted summary judgment, in a lawsuit brought by a woman who alleged she was unlawfully arrested because she didn’t support former President Donald Trump.
Defense says woman who fell in Borgata casino contributed to her own injuries
PHILADELPHIA – Marina District Development Company argues that a woman who slipped on the floor of the Borgata casino in Atlantic City, N.J. contributed to her injuries through her own negligence.
Jeweler alleges Israeli attorney and social media influencer defrauded him of $90K
PITTSBURGH – A California man claims that he was defrauded of $90,000 he paid to an Israeli lawyer and jewelry company founder, under the pretense that they were to form a professional and potentially romantic partnership.
Judge tells plaintiffs in class action suit against Geisinger Health to specify discovery criteria
WILLIAMSPORT – A federal judge has sustained discovery objections from Geisinger Health and ordered plaintiffs to identify the job categories that fall within the definition of “Healthcare Workers” – in a class action lawsuit against the company and Evangelical Community Hospital, which claimed the Pennsylvania hospitals engaged in a secret “no-poach agreement” that suppressed professional mobility and salaries in Central Pennsylvania.
Injury suit filed after ladder fall loses several Amazon-based defendants
PITTSBURGH – Several Amazon defendants have been dismissed from federal litigation brought by a Western Pennsylvania couple against both the company and the manufacturer of a ladder they claim was defective, subsequent to the wife-plaintiff suffering serious injuries after falling from the ladder while conducting an insurance estimate at a home in Erie.
Claims against health care company dismissed from Allison Park woman's wrongful death suit
PITTSBURGH – All claims against one health care company have been dismissed from litigation alleging that an Allison Park plaintiff’s mother was the recipient of sub-standard care at her nursing facility, leading her to suffer a fall that caused a cut on her head, a broken neck and a broken hip, which caused severe pain and led to her death.
Supermarket says man suing it over his refusal to wear a mask didn't exhaust administrative remedies
PITTSBURGH – A Western Pennsylvania supermarket counters litigation from a local man with a chronic lung condition, a suit alleging it violated the Pennsylvania Human Relations Act when it turned him away for his decision not to wear a mask while shopping in June 2020, by arguing he failed to exhaust his administrative remedies.
Archer Welcomes Class of 2022 Summer Associates
Archer Welcomes Class of 2022 Summer Associates.
Pa. House Judiciary Committee Chair introduces constitutional amendment to establish civil case venue
HARRISBURG – The Chairman of the Pennsylvania House of Representatives Judiciary Committee has introduced legislation to amend Pennsylvania’s constitution to prohibit venue shopping in medical liability cases, a potential game-changer for civil litigation statewide if it were to be passed.
Meadville man hit by tractor-trailer and wife motion for new trial, after losing initial jury verdict
ERIE – A federal court jury has ruled that an Ohio trucking firm and one of its drivers acted fully without negligence after a Meadville man was run over by his tractor-trailer, but the plaintiffs have already motioned for a new trial on the basis of the jury being given improper instructions as to the charges being considered.
Counsel for man attacked by goat says defense counsel has not provided discovery evidence
LANCASTER – A Delaware man allegedly attacked by a goat is seeking to procure needed discovery evidence from the defendant, evidence which his attorney claims has gone unobtained, despite numerous requests to opposing counsel.