If you missed the recent Pennsylvania Superior Court decision regarding the use of debit cards by some McDonalds franchises to pay employees, you can catch up on it in these recent news articles.David Senoff helped lead the team that secured the unanimous appellate court victory.
Topics: Payroll Debit Cards
In a unanimous decision, the Superior Court of Pennsylvania has upheld the decision of a Common Pleas Court, ruling that 16 McDonalds restaurants violated the Pennsylvania Wage Payment and Collection Law (WPCL) by requiring their employees to accept debit cards as their form of payment.
Such use of debit cards for payroll purposes stood in direct opposition to Pennsylvania law that states that “wages shall be paid in lawful money of the United States or check.”
Plaintiffs in the case, represented by Anapol Weiss attorney David Senoff, were subject to fees for nearly every transaction in order to access their wages using their payroll debit cards.
“As a result of the court’s decision, employees who were defrauded by their employers at McDonalds are now one step closer to obtaining justice,” Senoff said. “I’m pleased that both the Common Pleas Court the Superior Court recognized that these employees deserve to get paid as the law requires.”
The Superior Court was unpersuaded by both the defendants’ argument that a debit card is the “functional equivalent” of a check or lawful money and the amicus argument put forth by the American Payroll Association (APA) that an employer may satisfy the requirements of the WPCL when “lawful money or a check is not involved by depositing an employee’s wages into an account at a financial institution.”
The full Superior Court ruling can be found here: Superior Court Ruling in McDonalds Payroll Case.pdf
Topics: Payroll Debit Cards
In 2015 we lost more than 35,000 in traffic crashes. The percentage increase over 2014 was the largest percentage increase in 50 years. Traffic deaths had been trending downward since 2007 and the early estimates for 2016 indicate that even more of us will be killed than in 2015. The largest percentage increase in 2015 fatalities was for distracted driving, even larger than drunk driving and speeding. October 16-22 is National Teen Driver Safety Week. As the most inexperienced of drivers teens are disproportionately affected by distracted driving, with recent studies suggesting that distraction may be responsible for more than 50% of teen crashes. Tragically, almost 3,000 teens die annually in traffic crashes. Accordingly, EndDD.org (End Distracted Driving) and Anapol Weiss, a Philadelphia Law firm, have teamed up to create a distracted driving quiz to educate all of us about distracted driving. EndDD.org provides free distracted driving presentations to students across the country and Anapol Weiss attorneys have spoken to more than 100,000 students since 2012. There is no better time than now to test your knowledge about distracted driving by taking the EndDD.org/Anapol Weiss Distracted Driving Quiz.
Distracted driving is so prevalent. Some drivers believe that they are such good drivers that they can take chances while driving. Others just don’t realize the risks they are taking when they use a smartphone to text, access e-mail, use Facebook, use Snapchat, apply makeup, or do one of a number of things that take our concentration away from driving. What percentage of drivers feel threatened by other drivers cell phone use while driving? Who texts more while driving - teens or 30 year olds? If parents drive distracted are their children more likely to also drive distracted? Are “hands-free” and “voice-activated” devices safer?
Learn the answers to these questions and many more with our interactive quiz. Please use this link to take the test and share with those you care about. http://www.enddd.org/end-distracted-driving-quiz/
The vast majority of distracted driving crashes are preventable. Education and awareness are vital to reducing senseless distracted driving crashes. What you know can save your life and others.
To schedule a free distracted driving presentation at a school, community event or work, place go to EndDD.org - Host a Presentation.
The leading cause of death for teens is motor vehicle crashes. Distracted driving is now believed to contribute to more than 50% of serious teen crashes. Unfortunately the number of fatalities grew in 2015 over 2014 and is likely to continue to grow again in 2016. Teens die in car crashes at nearly tree times the rate of any other age group so this is terrible news for our youngest drivers.
In recognition of these unfortunate facts National Teen Driver Safety Week is October 16-22. Many organizations will be working to keep our most inexperienced of drivers safe. Raising awareness during this week is very important, but Anapol Weiss believes that crashes, injuries and deaths from distracted driving are at epidemic proportions for our teens and we can’t just focus on this crisis one week in the year. To do our part to keep teens safe Anapol Weiss attorneys have been volunteering to go into middle schools and high schools and give free distracted driving presentations developed by EndDD.org Since 2010 Anapol Weiss attorneys have spoken with more than 100,000 students across the country. The presentation is science-based and was developed with the help of researchers at Children’s Hospital of Philadelphia(CHOP).
Click here to schedule a free presentation in your community.
But we all can do more to reduce distracted driving crashes. Businesses can adopt safe driving policies like the one we have at Anapol Weiss. Parents must model safe driving behavior for their children. It isn't good enough to tell our children not to drive distracted, we must stop driving distracted ourselves and be the drivers we want our children to be. Here is a Family Safe Driving Agreement that can be used to initiate a conversation within your family. Doing so could save your children’s’ lives.
Topics: Auto Accidents
According to recent reports, women are increasingly limiting their use of talcum powder products such as Johnson and Johnson Baby Powder and Shower to Shower after a connection was found between the products and ovarian cancer. An increasing number of women are pursuing legal action against the manufacturers.
Research dating back to 1971 found traces of talc in ovarian and cervical tumors. And, since then, according to the New York Times, “numerous studies have linked genital talc use to ovarian cancer, including a report earlier this month that among African-American women, genital use of powder is linked with a 44 percent increased risk for invasive epithelial ovarian cancer.”
Juries have already sided with plaintiffs suing talcum powder manufacturers on two occasions, resulting in multi-million dollar damages being awarded.
The Anapol Weiss Unsafe Drugs team believes that drug companies must be held accountable when they fail to caution the public about dangerous side effects like ovarian cancer. No patient should ever be blindsided by a life-threatening illness or disability caused by an over-the-counter product.
If you have any questions or concerns relating to talcum powder and potential links to ovarian cancer, please do not hesitate to contact Anapol Weiss Shareholder Greg Spizer who is one of the leaders on our Unsafe Drugs team.
Autonomous vehicles may be the most significant technological development we’ll see in our lifetime, but recently the National Highway Traffic Safety Administration (NHTSA) issued guidelines that fail to provide thoughtful, thorough regulatory guidance. In doing so NHTSA ignored its Congressional mandate and passed the buck to the states.
Rather than provide us with one set of consistent, national regulations that prioritize transparency, safety, and accountability, NHTSA is pushing us into a patchwork of state-by-state rules that will create confusion when clarity is badly needed.
This exciting technology has the power to improve highway safety, but not if the automobile industry is left to its own devices. From faulty airbags to dangerous ignition switches, hidden devices to conceal exhaust levels, and malfunctioning gas pedals, auto manufacturers have a well-documented record of carelessness and negligence.
Now, because of NHTSA’s failure, auto makers will be able to duck responsibility if their autonomous vehicles malfunction and cause injury or death. Consumers will be in a horror scene from a sci-fi movie every time an autonomous vehicle is on the road.
We believe that NHTSA is making a grave mistake by failing to uphold its federal obligation to ensure transparency, safety, and accountability at this critical moment and we urge them to reconsider their reckless approach immediately.
Larry Coben earned his law degree, cum laude, from Cumberland School of Law at Samford University in 1973. He has represented clients in nearly every state in the U.S. against multi-national corporations marketing defective and unsafe products.
In addition to hundreds of articles in various publications, Larry has authored three books:
- Crashworthiness Litigation, 2d, American Association of Justice, 2008.
- Products Liability Litigation: Product Studies—Chapters on Crashworthiness, Frontal, Restraint Systems, Seat Belts. Clark, Boardman and Callaghan, 1996.
- Pennsylvania Products Liability Guide, Bisel Publishing Co., 1993.
Xarelto (rivaroxaban), is a popular blood thinner prescribed to patients for atrial fibrillation and to prevent blood clots. Unfortunately, many patients experience side effects including excessive bleeding, stomach pain, and blood in their urine, among other negative reactions.
Making Xarelto even more dangerous is the fact that no antidote exists to stem potentially fatal excessive bleeding. Without an antidote, additional severe side effects of excessive bleeding from Xarelto include cerebral hemorrhaging, strokes caused by bleeding in the brain, and gastrointestinal bleeding.
Anapol Weiss’ Unsafe Drug Team, which is co-led by Shareholder Greg Spizer, has been at the forefront of efforts to hold drug makers accountable for injuries caused by Xarelto. Greg’s team believes that no patient should ever be blindsided by a life-threatening illness or disability caused by a prescription medication.
If you or someone you know has taken Xarelto and you have questions relating to the potential risks, please contact Greg Spizer today.
Have you ever heard of Pennsylvania’s “Steer Clear” law? This important piece of the PA vehicle code requires drivers to move over at least one lane or slow down when they encounter an emergency scene, traffic stop, or disabled vehicle where emergency responders such as law enforcement, tow truck operators, and/or PennDOT personnel and vehicles are present.
The law is intended to prevent injuries and save lives, but it only works if drivers are aware of it and too often they’re not. According to this story in the Pittsburgh Tribune Review, the Pennsylvania Department of Transportation reports that there were 76 crashes involving parked vehicles in the state in 2014 and 82 in 2015. An annual average of 90 crashes a year were recorded from 2000-06 before the “Steer Clear” law. That average fell just below 85 in the years since the law passed.
Anapol Weiss attorney Christopher Marzzacco has worked on numerous cases where accidents involving responders could have been avoided had drivers been more familiar with the “Steer Clear” law.
If you have questions about the “Steer Clear” law, or if you or someone you know was injured by a driver who violated the law, contact Christopher.
In a recent piece in The Legal Intelligencer, Ryan Hurd and Jim Ronca of Anapol Weiss contend that despite technology and time constraints, there is no substitute for a physical visit to the scene of an accident in assuring due diligence on behalf of car accident victims and other plaintiffs. Citing examples ranging from a fatal car accident to a slip and fall at work, the top PA personal injury attorneys describe instances in which crucial evidence and testimony was discovered even after an official car accident report and defense investigation. They further demonstrate the inherent value of firsthand knowledge of the accident scene for evaluating whether or not to accept a case or preparing an attorney to place testimony and evidence in context.
In his advocacy for victims of distracted driving, Joel Feldman of Anapol Weiss, also advocates a paradigm shift in how personal injury lawyers conceive and respond to families’ grief.
Mr. Feldman described in a contribution to the Legal Intelligencer how his own tragic loss inspired deeper insight into the grieving process of his clients and their need for information in wrongful death settlements. He explains that, with the best intentions, wrongful death attorneys often pursue swift settlements when auto insurers approve the maximum claim. They assume, as Mr. Feldman once did, that this is the best “closure” that they can provide a grieving family, however he advises that for a grieving family, "closure" is both elusive and frequently undesired—tantamount to forgetting their loved one.
Mr. Feldman advocates a shift in both procedure and attitude in wrongful death cases. First, he explains how his experience taught him the value of detailed information in comprehending loss and that he now makes a specific effort to obtain a written statement from the defendant addressing his client’s need for as much detailed information as possible. Secondly, he advises attorneys that in responding to their client’s grief, they must avoid suggestions of “closure” that may feel disrespectful to their loved ones’ significance and proscribes a deeper understanding of the grieving process that suggests seeking meaning through loss, a distinction that appreciates that a family can not close-the-book on their loved one, but can, in their post-trauma, open a new chapter that honors their memory.