News from March 2023
Judge remands class action suit against Target for lack of federal jurisdiction
PITTSBURGH – A federal judge has remanded a class action lawsuit brought by two customers against Target for alleged violation of the Magnuson-Moss Warranty Act to state court, for lack of jurisdiction at the federal level.
Nursing facility employee again says suit over underpaid staff should remain in Allegheny County
PITTSBURGH – A nursing home employee who alleged that the managing companies of the facility engaged in false advertising and categorical underpayment of their “Weekend Warrior”-level staff, maintains for the second time that the case should retain jurisdiction in Allegheny County.
Man trapped in chocolate tank for six hours argues his claims were properly pled
ALLENTOWN – A man tasked with cleaning a chocolate batching tank at a Mars, Inc. facility and claimed that he became trapped in the machinery for more than six hours, has rejected a response from the company that his allegations were not properly pled.
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Arnold woman restates injury claims resulting from fall off ambulance stretcher
PITTSBURGH – A Western Pennsylvania woman has reiterated that she suffered head, wrist and other injuries when she fell off a stretcher being operated by a local ambulance service.
Volkswagen credit company says Lackawanna County seized vehicle that rightfully belongs to it
SCRANTON – A Volkswagen business trust claims that a vehicle it was legally entitled to repossess when its lessee defaulted on payments, was instead taken by Lackawanna County and another auto company, when that same lessee was arrested in April of last year.
Fox Rothschild Announces New Firm Leadership
Fox Rothschild LLP will implement several changes in its senior firm management team effective April 1.
Judge: McDonald's will not receive bifurcated trial in sexual harassment litigation
PHILADELPHIA – A federal judge has denied a request from McDonald’s to bifurcate an upcoming trial surrounding claims from a then-teenager who alleged that a McDonald’s manager showed her sexually graphic photos on his phone during her job interview.
West Mifflin Area School District again denies it breached school busing contract with plaintiff
PITTSBURGH – West Mifflin Area School District has flatly denied breach of contract claims being levied against it by a school bus company that alleged the District failed to deliver on its agreement between the two parties.
Suit: Rehabilitation center failed to prevent man's overdose death
PITTSBURGH – A plaintiff 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, and that the defendants negligently failed to prevent his tragic death.
Contractor seeks judgment on pleadings in construction inspector's wrongful termination lawsuit
PITTSBURGH – A contractor has motioned for judgment on the pleadings, in litigation from a construction inspector, who claimed retaliation after reporting to superiors that groundwater categorized as “contaminated” and slotted for removal from his job site was in fact not polluted.
Third Circuit vows to dismiss fired LGBTQ teacher's suit against Philly schools, if document isn't provided
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has contacted counsel for a former teacher and member of the LGBTQ community who claimed she faced discrimination and retaliation by the School District of Philadelphia before being fired, mandating that the plaintiff provide required documentation within two weeks or risk dismissal of the case.
Ballard Spahr Honored with JD Supra 2023 Readers' Choice Awards
JD Supra has recognized Ballard Spahr and three attorney-authors with 2023 Readers' Choice Awards, including naming the firm the Top Firm in Finance and Banking for the fourth year in a row.
Pennsylvania Senate confirms state's new Attorney General, Michelle Henry
HARRISBURG – After a unanimous recommendation from the Pennsylvania Senate Judiciary Committee and subsequent Senate confirmation vote on Wednesday, Pennsylvania has a new Attorney General in Michelle A. Henry.
Va. business hits back at White & Williams's attempt to dismiss its $30M legal malpractice suit
PHILADELPHIA – A Virginia business who claimed that a Philadelphia law firm’s negligent misrepresentation resulted in it losing $30 million, is now opposing the firm’s attempt to dismiss the legal malpractice suit brought against it.
Judge nixes Delaware County's initial attempt to dismiss suit for wrongful death of 18-month-old
PHILADELPHIA – Delaware County’s attempt to dismiss a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, has been nullified by the presiding judge for failure to follow their courtroom procedures.
Nissan North America denies liability for Missouri plaintiff's paralyzing accident injuries
PITTSBURGH – Nissan North America has disavowed responsibility for the failure of a driver’s seat in a Nissan Sentra during a multi-car collision, one which a Missouri plaintiff claims led to her suffering paralyzing spinal injuries.
Nonprofit group says Federal Highway Administration violated National Environmental Policy Act
HARRISBURG – An environmental nonprofit group has sued a component of the U.S. Department of Transportation and its chief, over claims that the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.
Three Troutman Pepper Attorneys to Participate in Leadership council on Legal Diversity Programs
Troutman Pepper Partner Victoria Alvarez has been selected for the 2023 Fellows Program of the Leadership Council on Legal Diversity (LCLD), and associates Erica Dressler and William Belton have been named to LCLD’s 2023 Class of Pathfinders.
Judge dismisses defendants from suit stemming from feud between nonprofit and Rostraver officials
PITTSBURGH – A federal judge has cited jurisdictional reasons for his dismissal of defendants from litigation surrounding a municipal feud, over property a nonprofit group purchased to help provide military veterans with service dogs.
Plaintiff restates aftermarket device for ATV throttles was defective and caused fatal accident
WILLIAMSPORT – A Centre County man stands by claims that an aftermarket device for all-terrain vehicles was defective and caused an accident which led to the death of his wife.