News from May 2023
Lawsuit: Boy suffered broken nose and other injuries in fall from pod sensory swing
PITTSBURGH – An Adams County boy and his parents have brought suit against a Delaware company for manufacturing a sensory swing that allegedly malfunctioned and resulted in the boy suffering a litany of injuries, including a broken nose.
Dismissal filed in Luzerne County man's excessive force case versus West Chester police
PHILADELPHIA – A Luzerne County man who claimed that a pair of West Chester police officers used excessive force when arresting him three and a half years ago, has voluntarily dismissed his case.
Reading School District looking to throw out claims and punitive damages from pastor's suit
ALLENTOWN – Reading School District is vying for civil rights violation claims and punitive damages to be dismissed from litigation brought by a Christian pastor against itself, two local police officers and the City of Reading, after the pastor claimed his rights were violated through his being arrested during a demonstration held just outside Reading Senior High School this past January.
Nesquehoning woman allegedly injured during police warrant service ends case
SCRANTON – A Nesquehoning woman who alleged that local police officers serving a warrant at her apartment kicked down her front doo which struck her and caused her a series of severe injuries has ended her case.
Floridians injured in Pa. accident reiterate that lawyers let statute of limitations lapse
PITTSBURGH – A Florida couple injured in a 2017 motorcycle accident which took place in Pennsylvania have reiterated the attorneys they hired to represent them in subsequent litigation instead let the statute of limitations lapse, thus preventing them from seeking damages for the injuries they say they incurred.
Counsel looking for $45K fees in settlement for ADA class action versus Nevada bag retailer
ERIE – Class action litigation against a Nevada-based retailer of bags and other merchandise which claimed its website does not support Screen Reader software for the visually-impaired and thus violates the Americans with Disabilities Act of 1990 is close to wrapping up, with the settlement awaiting final approval and plaintiff counsel seeking an agreed-upon $45,000 in attorneys’ fees.
Suit: Former Brookville cop harassed woman on social media, stalked and assaulted her
PITTSBURGH – A Clarion County woman claims that a now-former member of the Brookville Police Department sent her salacious messages through social media and when his advances were rebuffed, stalked and sexually assaulted her.
McNees Wallace & Nurick LLC announces 10 Black-owned Businesses Awarded Free Legal Services Through Mcnees Program
McNees Wallace & Nurick announced the 2023 winners of its Legal Equity Advancement Program (LEAP), with 10 Black-owned businesses each receiving a grant for one year’s worth of free legal services from the firm.
Pretzel maker at Pittsburgh restaurant says he was discriminated against for being gay and disabled
PITTSBURGH – A man who prepared pretzels at a German restaurant in Pittsburgh alleges he was discriminated against for his homosexuality and disability, and later fired from his role without cause or explanation.
Mail carrier says unsecured mailbox fell, hit her in the chest and injured her
PITTSBURGH – A Western Pennsylvania woman claims that she was injured during her postal rounds, when an unsecured multi-unit mailbox fell and struck her in the chest.
Gamblers speaking Punjabi maintain discrimination claims against Mount Airy Casino Resort
SCRANTON – Five New York plaintiffs of Indian ancestry maintain their claims that they were discriminated against at a Northeastern Pennsylvania casino for using their native language of Punjabi while gambling.
U.S. DOT and PennDOT reject nonprofit's claims that they violated environmental law
HARRISBURG – A component of the U.S. Department of Transportation has rejected claims from an environmental nonprofit group the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.
Las Vegas-based law firm says it didn't violate TCPA with calls to potential clients
WILLIAMSPORT – The Accident Attorneys of America have denied claims contained in a Central Pennsylvania man’s class action lawsuit, that it violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients.
Fox Rothschild LLP announces Julia Swain Inducted Into American College of Family Trial Lawyers
Fox Rothschild LLP congratulates Julia Swain on her induction as a fellow to the American College of Family Trial Lawyers (ACFTL).
Woman says Pa. zoo has her emotional support cat and won't give it back
WILLIAMSPORT – A New Jersey woman claims that after facing unfounded criminal accusations from her husband, her exotic, emotional support cat was taken from her possession and relocated to a rescue facility, upon where and when the plaintiff attempted to reclaim the animal, the facility’s owners assaulted her.
Court won't dismiss lawsuit of Catholic schoolteacher allegedly fired for being gay
PITTSBURGH – A federal court has partially adopted a magistrate judge’s recommendation that it not approve the Diocese of Greensburg’s attempt to dismiss litigation from a sixth-grade teacher, allegedly fired from Aquinas Academy once his employer learned of his same-sex marriage.
Pittsburgh law firm countersues one of its ex-attorneys litigating breach of contract action
PITTSBURGH – A Pittsburgh law firm has countered a breach of contract lawsuit from one of its former attorneys, by alleging that the plaintiff being derelict from his duties cost it both new business and over $200,000 in lost revenue.
Landlord and Airbnb contesting continued discovery, while arbitration motion is resolved
PHILADELPHIA – Counsel on both sides of a property damage dispute between a South Philly landlord and Airbnb are at odds on whether discovery should proceed, while motion to either potentially compel arbitration or stay the case is pending.
Construction company says 12-year statute of repose should bar Belle Vernon school district's suit
PITTSBURGH – An Ohio company contends that the Belle Vernon Area School District cannot sue it over the failure of the bus canopy it built for the District back in 2005, since Pennsylvania has only a 12-year statute of repose when it comes to construction projects.
Ballard Spahr LLP hosts What the Biden Administration’s “Junk Fees” Initiative Means for the Consumer Financial Services Industry: A Look at the Fees Under Attack on May 17, 2023
The Biden Administration has launched an initiative directed at combatting so-called “junk fees,” with the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) leading the Administration’s efforts.