In Wolfington Body Company, Inc. v. O’Neill, the Pennsylvania Superior Court found in favor of the employee, Defendant O’Neill, holding that the covenant not to compete, which Wolfington Body Company made O’Neill sign as a condition of his employment agreement, was...
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PHILADELPHIA BUSINESS LAWYERS – BLOG
Pennsylvania Superior Court Rules in Favor of Employee in a Covenant Not to Compete Case Because Company had no Protectable Business Interest in Information Available in the Public Domain
PA District Court Invalidates Non-Compete for Lack of Adequate Consideration and Enforces Original Agreement
In Allied Orthopedic Assoc. v. Leonetti, Civil Action No. 18-01566, 2018 WL 4051801 (E.D. Pa. August 24, 2018), Plaintiff successfully enjoined Defendant from violating a non-compete agreement the two parties previously entered into. Plaintiff in this case is a...
read moreProposed Changes to the Minimum Required Salary for Pennsylvania White-Collar Overtime Exemptions
On June 23, 2018, the Pennsylvania Department of Labor and Industry (“DLI”) proposed major rule changes to the Pennsylvania Minimum Wage Act (“PMWA”). The PWMA is the state version of the Fair Labor and Standards Act (“FLSA”), which creates minimum wage and overtime...
read morePA District Court Holds that Employer Had Legitimate Nondiscriminatory Reason for Termination in Age Discrimination Case
In Terrell v. Main Line Health, Inc., Civil Action No. 17-3102, 2018 WL 2462005 (E.D. Pa. June 1, 2018) Plaintiff, an employee at Defendant’s Hospital for thirty-five years, was terminated from her position as operating room secretary. Plaintiff alleges that her...
read moreEastern District of Pennsylvania Rules in Favor of Store Owner in Slip and Fall Case
In Harrell v. Pathmark, the Eastern District of Pennsylvania ruled that a store owner was not negligent in slip and fall. 2015 U.S. Dist., LEXIS 23154* (E.D. Pa. 2015). The plaintiff in this matter, Ms. Harrell, was severely injured when she slipped on a wet floor in...
read morePA Superior Court Analyzes Extent of Limited Immunity for Physicians under the MHPA
On July 2, 2018 the Superior Court of Pennsylvania provided clarification to the extent of limited immunity provided to health care providers who treat mentally ill patients under the Mental Health Procedures Act (“MHPA”). Dean v. Bowling Green-Brandywine, 2018 PA...
read moreEastern District Court Rules that Uber Drivers are Not Employees under the FLSA
On April 11, 2018, the United States District Court for the Eastern District of Pennsylvania found that Drivers working for Uber Technologies Inc.’s car service failed to show that they are employees. Razak v. Uber Technologies, Inc., 2018 U.S. Dist. LEXIS 61230, 2018...
read moreEastern District of Pennsylvania Rules Against Plaintiff’s Tortious Interference in Prospective Contractual Relation Claim
In UniStrip Technologies, LLC v. LifeScan, Inc. and LifeScan Scotland, Ltd. the Eastern District of Pennsylvania determined that Plaintiff had not met its burden of proof for its claim of tortious interference with prospective contractual relation. 153 F.Supp.3d 728...
read moreThird Circuit Splits from Other Circuit Courts in Age Discrimination Suit
On January 10, 2017, the Third Circuit ruled in favor of a group of fired employees (“Employees”) over age 50 in an age discrimination suit under the Age Discrimination in Employment Act (“ADEA”). Karlo v. Pittsburgh Glass Works, LLC, 849 F.3d 61 (3d Cir. 2017). The...
read moreThird Circuit Holds Computer Manufacturer Could Not Pierce Corporate Veil of Insolvent Corporate Buyer
In Clientron Corp. v. Devon IT, Inc., 2018 WL 3293212 (3rd Cir. 2018), the Third Circuit Court of Appeals found that Appellant failed to establish under Pennsylvania law that shareholders were alter ego of Appellee and thus Appellant was not entitled to pierce...
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