PHILADELPHIA - A split Third Circuit U.S. Court of Appeals panel on Sept. 21 affirmed that a Pennsylvania federal judge properly certified a class of franchisees suing one of the largest commercial cleaning franchisors over their employment classification, saying the claims in this case are "susceptible to class-wide determination" (Darryl Williams, et al. v. Jani-King of Philadelphia, et al., No. 15-2049, 3rd Cir.; 2016 U.S. App. LEXIS 17223).
PHILADELPHIA - A federal judge in Pennsylvania on Sept. 19 denied an investor's motion for relief from a previous dismissal order, ruling that the investor's newly discovered evidence was in fact available to the public months before the initial complaint in the action was filed (Steven P. Messner v. USA Technologies Inc., et al., No. 15-5427, E.D. Pa.; 2016 U.S. Dist. LEXIS 127041).
PHILADELPHIA - Registering to do business in Pennsylvania provides consent to personal jurisdiction in the state even in light of recent Supreme Court precedent, a federal judge in Philadelphia held Sept. 20 in a case alleging ovarian cancer arising from exposure to talc (Nancy Bors v. Johnson & Johnson, et al., No. 16-2866, E.D. Pa.; 2016 U.S. Dist. LEXIS 128259).
SCRANTON, Pa. - A Pennsylvania federal judge on Sept. 19 adopted a magistrate judge's recommendation that a property owner's request for preliminary injunction be denied, finding that the property owner failed to show that he would suffer any irreparable caused by the denial (Russell R. Loveless, et al. v. Bank of America, N.A., No. 3:13-CV-01546, M.D. Pa.; 2016 U.S. Dist. LEXIS 127430).
PITTSBURGH - Pennsylvania law imposing jurisdiction over companies that register to do business in the state applies only to periods where the company was actually registered, a federal judge held Sept. 16 in granting dismissal and remanding an asbestos case (Leona George, et al. v. A.W. Chesterton Co., et al., No. 16-115, W.D. Pa.; 2016 U.S. Dist. LEXIS 126176).
PHILADELPHIA - A federal judge in Pennsylvania granted an insurer's motion to dismiss claims in an insurance bad faith lawsuit on Sept. 15, ruling that an insured failed to show that the insurer lacked a reasonable basis for denying her claim for underinsured motorists (UIM) benefits (Linda Murphy v. State Farm Mutual Automobile Insurance Co., No. 16-2922, E.D. Pa.; 2016 U.S. Dist. LEXIS 125841).
PHILADELPHIA - A dispute over the Buck Rogers character will proceed with allegations of federal trademark dilution intact, but without a related state law claim, in light of a "divergence between the Lanham Act and Pennsylvania trademark law," according to a Sept. 16 ruling by a Pennsylvania federal judge (The Dille Family Trust v. The Nowlan Family Trust, No. 15-6231, E.D. Pa.; 2016 U.S. Dist. LEXIS 126191).
PHILADELPHIA - The first Tylenol multidistrict litigation bellwether trial scheduled to start Sept. 19 was continued to a future date on Sept. 15 by the Pennsylvania federal judge overseeing the MDL (In Re: Tylenol [Acetaminophen] Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 2346, No. 13-md-2436, Rana Terry, et al. v. McNeil-PPC, Inc., et al., No. 12-7263, E.D. Pa.).
PHILADELPHIA - Without providing any detail, a federal judge in Pennsylvania on Sept. 9 denied a shareholder's motion to reconsider an earlier ruling dismissing a securities class action complaint for failure to plead an actionable misrepresentation or scienter (Mark Silverstein v. Globus Medical Inc., et al., No. 15-5386, E.D. Pa.; 2016 U.S. Dist. LEXIS 113740).
PHILADELPHIA - Citing common-law and statutory investigative privilege, a suburban Philadelphia police department told a Pennsylvania federal court on Sept. 9 that an investigative file from a 2005 suit alleging assault by Bill Cosby is not subject to disclosure in a defamation suit filed against a former district attorney who declined to prosecute the assault case (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.).
PHILADELPHIA - A reinsurer and its reinsured told a federal court in Pennsylvania on Sept. 7 that they both anticipate the need for discovery in a late notice dispute regarding asbestos-related reinsurance billings (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 16-cv-01473, E.D. Pa.).
PHILADELPHIA - A firefighter's failure to link occupation exposure to asbestos and other carcinogens to his prostate cancer dooms his workers' compensation claim, a Pennsylvania Commonwealth Court held Sept. 7 (Earl Hutz v. Workers' Compensation Appeal Board [City of Philadelphia], No. 2140 C.D. 2015, Pa. Cmwlth.; 2016 Pa. Commw. LEXIS 382).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Sept. 6 affirmed dismissal of a property owner's claim for violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), finding that she failed to comply with a district court's orders and did not appear at trial (Deonne New-Howard, et al. v. JP Morgan Chase Bank, N.A., No. 15-3879, 3rd Cir.; 2016 U.S. App. LEXIS 16367).
PHILADELPHIA - A federal judge in Pennsylvania on Aug. 30 granted in part a motion for summary judgment filed by the Pennsylvania Department of Environmental Protection (PaDEP), ruling that the purchaser of a contaminated site can be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Pennsylvania's Hazardous Site Cleanup Act (HSCA) for response costs incurred after it took ownership of the property (Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC, et al., No. 15-1232, E.D. Pa.; 2016 U.S. Dist. LEXIS 116139).
WILLIAMSPORT, Pa. - Although an insured has properly pleaded his claim for insurance bad faith, he has failed to do so with regard to claims made under the Pennsylvania Unfair Insurance Practices Act (UIPA) because Pennsylvania does not provide for recovery for such claims, a federal judge in Pennsylvania ruled Aug. 29 (Ronald E. Long v. Hartford Life and Accident Insurance Co., No. 16-0138, M.D. Pa.; 2016 U.S. Dist. LEXIS 115328).
WILLIAMSPORT, Pa. - A federal judge in Pennsylvania on Aug. 29 granted in part and denied in part an insurer's motion to dismiss in an insurance breach of contract and bad faith lawsuit, ruling that Pennsylvania does not provide for recovery for bad faith claims made pursuant to the Pennsylvania Unfair Insurance Practices Act (UIPA) (Ronald E. Long v. Stonebridge Life Insurance Co., No. 16-0139, C.D. Pa.; 2016 U.S. Dist. LEXIS 115324).
PITTSBURGH - The termination of a disability claimant's long-term disability (LTD) benefits was not arbitrary and capricious because the medical evidence supports the plan's determination that the claimant could perform the duties of her own occupation, a Pennsylvania federal judge said Aug. 26 (Antoinette F. Swanberg v. The PNC Financial Services Group Inc. and Affiliates Long Term Disability Plan, No. 15-544, W.D. Pa.; 2016 U.S. Dist. LEXIS 114551).
PHILADELPHIA - A federal judge in Pennsylvania on Aug. 29 granted The Walt Disney Co. and Walt Disney Parks and Resorts Inc.'s (the Disney companies) motion to dismiss a venomous snake bite case brought against it because he found that the court does not have general jurisdiction over the defendants (Michael Barth, et al. v. Walt Disney Parks and Resorts Inc., et al., No. 16-2140, E.D. Pa.).