News from August 2023
Third Circuit vacates dismissal of dispute over project labor agreements, remands to lower court
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has vacated the dismissal of litigation brought by builders and contractors, who alleged project labor agreements between Allegheny County Community and Plum Borough with the Pittsburgh Regional Building Trades Council would have forced them to unionize, and remanded it to the lower federal court.
Montco employee says avoiding masking because of her PTSD, led to her firing
PHILADELPHIA – A former employee of Montgomery County contends that she was subjected to disability discrimination and retaliation under both federal and state law during the COVID-19 pandemic, when she refused to wear a mask in the workplace to avoid triggering symptoms of her post-traumatic stress disorder.
Norfolk Southern denies responsibility for injuries of jackhammer operator who jumped to avoid train
ALLENTOWN – Norfolk Southern Railway Company has denied liability for injuries allegedly suffered by a jackhammer operator, who claims the company’s negligence forced him to jump approximately 30 feet from a manlift in order to save his own life from an approaching train.
Coca-Cola Bottling Company dismissed from plant operator's burn injury suit
PITTSBURGH – The Coca-Cola Bottling Company has been dismissed from injury litigation surrounding severe burn injuries sustained by a bottling plant batching operator, who claimed that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body.
Widower settles negligence and wrongful death claims with UPMC-affiliated facility
PITTSBURGH – A Pittsburgh widower has settled claims that a University of Pittsburgh Medical Center-affiliated facility was responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed.
Mssg’s Jack Gombach Elected to Penn State Health Saint Joseph Medical Center Board
McNees Strategic Solutions Group (MSSG) Government Affairs & Grassroots Advocacy Consultant Jack R. Gombach was elected to serve on the board of Penn State Health Saint Joseph Medical Center.
Class action suit alleges Rite Aid shared customers' information with Google and Meta platforms
PHILADELPHIA – A group of shoppers have filed a class action lawsuit against pharmacy retailer Rite Aid, charging that it installed tracking tools on its website which would share its customers’ search and purchase information with Google and other applications, such as Facebook, Instagram and TikTok.
Pa. Superior Court overrules Philly court, which chose to reconsider dismissal of FELA action
HARRISBURG – The Superior Court of Pennsylvania has elected to vacate a Philadelphia trial court’s October order granting reconsideration and remand to the dismissal of a man’s Federal Employers Liability Act case against Conrail, Norfolk Southern Railway Company and an insurance carrier.
Bucks County man says Educator Discipline Act should allow for disclosure of misconduct complaint filing
PHILADELPHIA – On First Amendment grounds, a Bucks County man seeks a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act, a statute which he feels criminalizes the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education.
Tour company, trip chaperone answer negligence suit over alleged rape of plaintiffs' 16-year-old daughter
WILLIAMSPORT – An educational tour company and the mother of an alleged assailant have answered litigation brought against them by a California couple, who claimed that they were negligent in overseeing high school students on a trip to Spain one year ago – a trip during which the plaintiffs’ 16-year-old daughter was allegedly raped by one of the defendants.
Punitive damages stricken from case of over pub assault that left plaintiff with partially bitten-off nose
LANCASTER – For now, punitive damages have been stricken from a lawsuit filed by a man who alleged he was assaulted by a fellow customer in a local pub last April, an altercation that ended with a part of the plaintiff’s nose being bitten off.
McGuireWoods Among Finalists for Private Equity Wire’s Best Law Firm Award
McGuireWoods has been shortlisted in the “Best Law Firms – Overall” category for Private Equity Wire’s U.S. Awards 2023.
Lawsuit blames university for grimy shower floor in dorm
PHILADELPHIA – A New Jersey woman alleges that she fell inside a shower area on the campus of Delaware Valley University nearly two years ago, and contends that the school is both negligent and responsible for her injuries.
Berks Area Regional Transportation Authority employee says he was exposed to racist environment
ALLENTOWN – A Black employee of a Berks County transportation entity says he was exposed to racially-hostile behavior in the workplace and subjected to retaliation when he filed complaints about the behavior in question.
Rivers Casino wants recklessness allegations and punitive damages out of man's injury suit
PITTSBURGH – Rivers Casino seeks to strike any allegations of “reckless conduct” and thereby, the demand for punitive damages, from a lawsuit filed by an Allegheny County man who says he suffered a long list of injuries when an intoxicated fellow patron of Rivers Casino drunkenly fell on his right leg.
Friends of the Riverfront also denies liability for cyclist's injuries on Three Rivers Heritage Trail
PITTSBURGH – Following the City of Pittsburgh, the Friends of the Riverfront group has also denied liability for severe injuries suffered by a local cyclist, when he said that a lack of adequate lighting on the Three Rivers Heritage Trail caused him to fall off his bicycle.
Delco pub, owner counter allegations of patron who got in motorcycle crash
MEDIA – A Delaware County pub and its owner have filed preliminary objections in response to litigation from an injured man who crashed his motorcycle while under the influence of alcohol, finding his allegations that he was over-served alcoholic beverages and allowed to drive at the end of the night to be erroneous.
Promoting Civility in Contentious Public Meetings 2023 on August 30, 2023
Thomas Wilkinson will present “Promoting Civility in Contentious Public Meetings 2023” to the Pennsylvania Bar Institute.
Lauren McKenna Among Philadelphia Business Journal’s Women of Influence
Fox Rothschild LLP congratulates Lauren P. McKenna, who was named to the 2023 class of “Women of Influence” by the Philadelphia Business Journal.
Journalist claims 'Gag Rule' policies from Allegheny County Corrections stifle investigative reporting
PITTSBURGH – A Pittsburgh investigative journalist contends that “Gag Rule” policies enacted by the Allegheny County Bureau of Corrections violate the First Amendment rights of Allegheny County Jail employees and contractors, and prevent her from developing sources to offer comment for stories detailing events which have taken place inside the jail.