The Superior Court of Pennsylvania denied a plaintiff’s claim for damages when he was unable to prove that the false statements caused actual injury. Shaffer v. Ambrosini, No. 653 WDA 2017, 2018 Pa. Super. (March 28, 2018). Pennsylvania law requires a plaintiff...
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PHILADELPHIA BUSINESS LAWYERS – BLOG
Pennsylvania Superior Court Rules Plaintiff Failed to Prove Special Harm Resulting From Defamatory Publication.
Third Circuit Affirms Enforcement of Employer-Employee Arbitration Agreement
On June 20, 2018, the United States Court of Appeals for the Third Circuit held than an arbitration agreement between an employer and employee was still enforceable regardless of whether the employee read the agreement. Ace Am. Ins. Co. v. Guerriero, 2018 WL 3057005...
read morePennsylvania Superior Court Upholds Non-Solicitation Agreement Despite Employees Change in Employment Status
The Pennsylvania Superior court upheld non-solicitation agreements between an employer and employees after their employment agreements expired and the employees continued to work at-will. Metalico Pittsburgh, Inc. v. Newman, 160 A.3d 205 (Pa. Sup. Ct. 2017). Appellees...
read morePennsylvania District Court Holds PMWA and FLSA Claims Analyzed Under the Same Basic Framework
In Rummel v. Highmark, Inc., 2013 WL 6055082 (W.D. Pa.), Plaintiff, an employee at Defendant Highmark, Inc., alleged that Defendant failed to pay overtime wages in violation of the Pennsylvania Minimum Wage Act (“PMWA”) and the Fair Labor Standards Act (“FLSA”). Under...
read moreThe District Court for the Middle District of Pennsylvania Holds Two-Year Statute of Limitations Applicable to Plaintiff’s FLSA Claim for Unpaid Overtime
Plaintiff’s claims stemmed from unpaid overtime wages she allegedly was entitled to during her employment at Troy Construction (Troy) in 2013. Stone v. Troy Constr., LLC, No. 3:14cv306 2018 U.S. LEXIS 50232 (M.D. Pa. 2018). The critical question was whether a two-year...
read moreEastern District of PA Prevents Credit Reporting Agencies from Venue Transfer
On June 20, 2018 the Eastern District of Pennsylvania prevented a consumer credit reporting agency, Equifax, from transferring a case from Pennsylvania to Georgia. Edwards v. Equifax Info. Servs., LLC, No. CV 18-1077, 2018 WL 3046603, at *1 (E.D. Pa. June 20, 2018)....
read moreThird Circuit Affirms District Court in EMTALA Whistleblower Appeal
On June 12, 2018 the United States Court of Appeals for the Third Circuit found that a fired nurse was not protected under the Emergency Treatment and Active Labor Act (“EMTALA”) whistleblower provision because she did not actually “report” a violation. Gillispie v....
read moreThird Circuit Adopts McCarthy Test for Distributor-Manufacturer Trademark Disputes
On April 18, 2017, the Third Circuit held that the McCarthy Test should be applied in trademark disputes between distributors and manufacturers when there is no written contract. Covertech Fabricating, Inc. v. TVM Bldg. Prod., Inc., 855 F.3d 163 (3d Cir. 2017)....
read moreThird Circuit Affirms District Court Ruling Poor Performance is Not Severe Enough to Circumvent Right-to-Cure Provision in Employment Contract
In Milton Reg’l Sewer Auth. v. Travelers Cas. & Sur. Co. of Am., 648 Fed.Appx. 215 (3rd Cir. 2016) the Third Circuit Court of Appeals found that Pennsylvania contract law requires a more severe breach before contracting parties may violate a right-to-cure...
read morePA Court Maintains Limited “Coming and Going” Rule in Workers Compensation Claims
On May 17, 2018 the Commonwealth Court of Pennsylvania declined to extend the “coming and going” rule to cover an electrical worker who sustained substantial injuries in a car accident while driving from home to a job site, despite sporadically receiving compensation...
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