News from June 2023
UberEats driver who brought class action over alleged tip shortage from Insomnia Cookies settles case
PHILADELPHIA – Litigation brought by an Alabama-based Uber driver, who alleged that the Insomnia Cookies company stiffed him and numerous other employees of large sums of money in tips when it sub-contracts its product delivery services to drivers on the ride share app, has been voluntarily dismissed.
Third-party defendants lose out on dismissal from suit over $2M COVID-19 test sale conflict
PHILADELPHIA – In litigation where defendants were accused of not providing more than 151,000 COVID-19 test kits or a refund to a retailer who paid it nearly $2 million, third-party defendants named in a later version of the complaint have lost their attempt to be dismissed from it.
Class action suit over motorcycle anti-theft system once again facing dismissal motion
PITTSBURGH – A motorcycle manufacturer is once again attempting to dismiss a class action suit claiming it did not include an advertised anti-theft system on its products.
Marshall Dennehey announces To Welcome Shareholder Scott R. Eberle to its Professional Liability Department in Pittsburgh
Experienced litigator Scott R. Eberle has joined Marshall Dennehey’s Pittsburgh office as a shareholder in the firm’s Professional Liability Department.
Pa. asks to dismiss suit from family of man about to be released from 45-year prison term, only to die of COVID-19
PHILADELPHIA – The Commonwealth of Pennsylvania is seeking a complete dismissal of litigation brought by the family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades, which charged that state officials did not approve the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death.
Pennsylvania Institute of Technology wants deposition from woman allegedly injured on its own property
MEDIA – Counsel for the Pennsylvania Institute of Technology is seeking to compel deposition testimony from a woman who claimed she was seriously injured in a fall at a home the Institute owned, one year ago.
Airbnb continues to push for arbitration in landlord's case against rowdy renter-turned-squatter
PHILADELPHIA – Airbnb continues to argue that arbitration should govern a dispute between itself and a South Philly landlord, the related damages of which exceeded $75,000.
After Delco man loses fingers in circular saw accident, he files suit against Japanese manufacturer and Home Depot
MEDIA – A Delaware County man has sued a Japanese corporation and Home Depot for laceration and amputation injuries he alleges he suffered when operating a circular saw.
Judge turns down GOP intervenor in suit over undated mail-in ballots during 2022 Midterm Elections
ERIE – A federal judge has turned away an intervening Republican attempt to dismiss litigation brought by six voters’ rights groups against Secretary of the Commonwealth Al Schmidt and all of the county boards of election statewide, in order to compel officials to accept undated mail-in ballots and “not disenfranchise voters based on an immaterial paperwork error.”
Ballard Spahr LLP announces Ballard Spahr, Nine Intellectual Property Attorneys Named to Managing IP's List of IP Stars 2023
Ballard Spahr’s Intellectual Property department and nine of its IP attorneys have been recognized for excellence in the 2023 edition of Managing IP’s IP Stars rankings.
Another defendant seeking judgment of non pros, in case of accidental OD at rehab facility
PITTSBURGH – A second defendant now posits that both a missing certificate of merit and pleading insufficiencies have detracted from litigation containing claims that a local man and father of five children, who was residing at a rehabilitation center for those dealing with homelessness, mental illness or dependency issues, died from an accidental overdose.
Penn State motions for summary judgment, in suit from steward who alleged rape by her supervisor
WILLIAMSPORT – Penn State University has motioned for summary judgment in a sexual harassment and retaliation action brought by a steward at the institution, who claimed she was raped by her direct supervisor.
Couple who sued ladder manufacturer and Amazon after wife fell during insurance estimate settle case
PITTSBURGH – A Western Pennsylvania couple who sued Amazon and the manufacturer of a ladder they claimed was defective, after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie, have tentatively settled their claims after mediation.
Delco homeowner and insurance group allege that pest repellent sold by Amazon caused fire at his home
MEDIA – A Delaware County homeowner and his insurance company alleges that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com.
N.J. jury awards $25.6M to former Starbucks manager who claimed she was fired for being white
CAMDEN, N.J. – A federal court jury has found in favor of a white former Starbucks store manager who claimed she faced racial discrimination and firing from the coffee company after two Black men were controversially arrested at a Philadelphia store location, in the amount of $25.6 million.
Question of venue being contested in class action suit over Delaware River chemical spill near Philly
PHILADELPHIA – A Bristol latex manufacturing plant removed to federal court a class action lawsuit charging it with negligence related to a recent spill of thousands of gallons of an industrial chemical into a tributary of the Delaware River and denied responsibility for those events, while the plaintiffs in the case seek to have the case remanded to state court.
Wilkes-Barre woman says she slipped on slushy fluid at Sheetz convenience store
SCRANTON – A Northeastern Pennsylvania woman alleges that she suffered severe injuries to her neck, back and right knee at a Sheetz convenience store in Wilkes-Barre, when she slipped on fluid from a nearby soda/slushy machine which had leaked onto the store floor.
After lighter retailer denies liability for fatal fire, plaintiff counsel reiterates its responsibility
PHILADELPHIA – Plaintiff counsel in wrongful death litigation connected to a fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, has opposed denials of liability from the retailer of the lighter which caused the blaze.
Third-party complaint filed in Delco suit over wrongful death of 18-month-old in foster care
PHILADELPHIA – Chester-based defendants named in a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, are placing the sole blame and responsibility for the incident on a pair of individuals currently incarcerated for the child’s death on charges of first-degree murder.
Philly Pops wants injunction in antitrust suit versus Philadelphia Orchestra and Kimmel Center
PHILADELPHIA – In its antitrust litigation against The Philadelphia Orchestra and The Kimmel Center, The Philly Pops have charged that the defendants engaged in anticompetitive conduct designed to monopolize the market for similar-style concerts in the Greater Philadelphia Metropolitan Area – and is now seeking a preliminary injunction to further prevent such conduct.