Thursday, April 8, 2021
Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act and Pennsylvania law.
The court’s decision affords defense counsel the opportunity to interview and obtain signed declarations from putative class members. The court clarifies the federal approach while firmly distinguishing the view of Pennsylvania state law.
Background
Holly Lloyd brought a putative class action against Covanta Plymouth Renewable Energy, a waste-to-energy processing facility. Lloyd alleged the Covanta-operated facility emitted noxious odors that interfere with the use and enjoyment of her property and that of other area residents.
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Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act and Pennsylvania law.
The court’s decision affords defense counsel the opportunity to interview and obtain signed declarations from putative class members. The court clarifies the federal approach while firmly distinguishing the view of Pennsylvania state law.
Background
Holly Lloyd brought a putative class action against Covanta Plymouth Renewable Energy, a waste-to-energy processing facility. Lloyd alleged the Covanta-operated facility emitted noxious odors that interfere with the use and enjoyment of her property and that of other area residents.
Mannix | Marcus & Shapira
PITTSBURGH – Giant Eagle discounts all liability for injuries suffered by a Western Pennsylvania man, who claims that a company employee collided into him while pushing a cart full of products in a Getgo supermarket in Pittsburgh, leading him to fall and become seriously injured.
Michael Connolly of Oakmont first filed suit in the Allegheny County Court of Common Pleas on Dec. 9 versus Giant Eagle, Inc. (doing business as “Getgo”) and Chad Fink of Pittsburgh, plus Pepsi Co., Inc. of Purchase, N.Y.
“On June 11, 2020, at approximately 11:30 a.m., plaintiff was a business invitee, licensee and/or otherwise legally on defendants’ premises. While on defendants’ premises of the Getgo, the plaintiff was struck by a Pepsi Co., Inc. employee pushing a dolly cart of products, located near the entrance/exit. The contact caused plaintiff to fall to the ground, causing serious and permanent personal injuries,” the suit stated.
Greenfield | Spear Greenfield Richman Weitz & Taggart
MEDIA – A Delaware County woman reiterates that she suffered a litany of head and spinal injuries when, during a dinner spent in the defendant’s living room, a ceiling collapsed and landed on top of her.
Makoya Dolley of Clifton Heights first filed suit in the Delaware County Court of Common Pleas on Jan. 21 versus Cynthia Long, of Wallingford.
“On or about March 30, 2019, plaintiff, Makoya Dolley, was an invitee, licensee and/or otherwise legally on defendant’s premises, when, as a result of the negligence and/or carelessness of the defendants, the plaintiff was eating in the living room when the ceiling collapsed. As a result of this accident, the plaintiff suffered severe and permanent bodily injury,” the suit stated.
Allegheny County Courthouse
PITTSBURGH – A website operator claims that it is immune from a lawsuit brought by a Bridgeville man against itself and Google that claims his mugshot from an arrest made 17 years ago was recently listed on the website’s database of currently imprisoned individuals.
Mitchell P. Gedid of Bridgeville first filed suit in the Allegheny County Court of Common Pleas on Jan. 27 versus Travis Paul Grant, Marielle Lizette Grant and Kyle David Grant of Longwood, Fla., Google, LLC of Mountain View, Calif. and John Doe Corporation.
According to the lawsuit, a website operated by the non-corporate defendants at www.bailbondshq.com has a separate page allowing visitors to search an inmate database for individuals incarcerated in the state of Pennsylvania.