Philadelphia Lead Litigation
Examples of Cases
In Philadelphia, residential landlords are required to test for lead paint if the rental was built prior to March, 1978, and there will be a child age six or younger living in the residence. The Lead Law was recently amended to expand coverage to all rental properties but will not be implemented immediately in every area of Philadelphia. The landlord is required to give the tenant a certificate showing that the residence is either lead free or lead safe. The tenant is to sign it and then the landlord must file it with the Philadelphia Department of Health. Where the landlord does not comply with the law, the tenant may receive an abatement of rent, other damages and attorneys' fees.
If you believe you may have a claim under this ordinance, you may call us for a consultation.
McDaniels, et al. v. Service Plus Delivery Systems, et al.
Pennsylvania Court of Common Pleas, Philadelphia County
October Term 2007, No. 04503
This is a class action on behalf of paratransit drivers and escorts who seek back wages for unpaid overtime. (The case was stayed from 2008 - 2011 due to criminal charges that were pending against one of the Individual Defendants, until the stay was lifted on January 25, 2011.)
On March 24, 2011, Judge Abramson of the Philadelphia Court of Common Pleas issued a Default Judgment against all Defendants.
The Default Judgment was lifted as to David Ellis only on July 21, 2011, but remains for the Corporate Defendants; Brian Somerman, Michael Gallagher, and Harry Gallagher
On June 28, 2013, a Hearing for Assessment of Damages was held before Judge Shelley Robins New. On July 1, 2013, the Judge issued an Order for Damages against the remaining Defendants in the amount of $1,400,154.45, for back wages, liquidated damages, employer tax contributions, and attorneys' fees and costs.
Now that the Order for Damages has been entered, we continue to pursue collection of the amount owed.
Bishop v. Lees Industries
Pennsylvania Court of Common Pleas, Philadelphia County
January Term 2007, No. 1937
On Jan. 17, 2007, Plaintiffs Tracy Bishop, Pamela Brooks, Peggy Cunningham, and Natividad Reyes filed suit in the Philadelphia Court of Common Pleas on behalf of themselves and others similarly situated against Lee’s Industries, its related companies, and managers Nina Kinard, and Eric Lamback. Plaintiffs allege that Lee’s Industries, Inc. has not paid its hourly home health aides for travel time between clients, and for overtime as required by PA law.
On June 16, 2010, notice was mailed to the original Class members, and again to any additional Class members on March 16, 2011.
Plaintiffs estimate that the class consists of at least 730, and possibly more than 1,000 home health workers who were not paid for travel time and/or overtime while employed by Lee’s Industries and related companies.
Plaintiffs seek monetary damages for back wages, interest, and liquidated damages based on their claims. Plaintiffs also seek future correction of pay practices, including payment for travel time and overtime, and payment by Defendants of attorneys’ fees and costs.
RECENT UPDATES:
On September 30, 2014 The United States Bankruptcy Court Granted Plaintiffs’ Motion for Summary Judgment, which denied Ms. Kinard’s bankruptcy discharge.
On October 1, 2014, Plaintiffs filed the Parties Joint Stipulation for Damages Judgment with Proposed order with the Philadelphia Court of Common Pleas.
A hearing for assessment of damages was held on June 19, 2013, at which time the Court entered a stipulated judgment against Eric Lamback and Lee's Home Health Services. Because of the bankruptcy stay, judgment was not entered against Ms. Kinard or Lee's Industries.
On June 13, 2013, Defendant Nina Kinard filed a bankruptcy petition on the United States Bankruptcy Court for the Eastern District of Pennsylvania. On the same date, Lee's Industries, Inc. filed a bankruptcy petition in the same court, which was dismissed on June 20, 2013.
On December 31, 2012, the Court entered a default judgment against all defendants.
