Brodie & Rubinsky, P.C.
 
 

Philadelphia Lead Based Paint Ordinance 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 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.

A scheduling conference was held on September 20, 2011.

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 are pursuing an execution on the judgment, and collection of the amount owed.

As you may know, Service Plus Delivery Systems, Inc. and Service Plus Paratransit no longer exist, so now we must attempt to collect the Judgment from the remaining Individual Defendants.

We continue to explore all options available for collecting assets from the other Defendants. To do this, we will conduct Discovery in Aid of Execution, a process used to determine the existence, nature, and location of any assets which may be applied to satisfy the judgments. This procedure is neither short nor simple, and will take considerable time and effort.


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.


Arnold, et al. v. Central Laundry, Inc. d/b/a Olympic Supply a/k/a Olympic Linen Service a/k/a Olympic Linen Supply, et al.

Pennsylvania Court of Common Pleas, Delaware County

No. 2014-009728

The Brodie & Rubinsky are the lead counsel filing a complaint against Defendants Olympic Laundry, in order to obtain back wages and other money owed to its employees. Over the course of our investigation, we discovered that the operators of Olympic Laundry may have violated numerous wage and hour laws.

Olympic Laundry, aka Central Laundry, Inc., is a company in Lansdowne, Pennsylvania, that serves customers in and around Philadelphia as a commercial laundry and delivery business.

This action is brought by former Olympic Laundry workers Knolly Arnold, Keith Garvin, Bruce Howard, and Matthew Pipino, on behalf of themselves and a Class of non-supervisory laundry & linen cleaning and delivery service employees of the Defendants.

Plaintiffs and the Class bring this action against Defendants seeking redress for violations of the 1968 PA Minimum Wage Act, the PA Wage Payment and Collection Law, and for breach of contract.

The action alleges that the Defendants did not pay minimum wage for all hours worked, and did not pay the overtime rate in cases where employees worked for more than forty hours per week.

In addition to the Complaint in this matter, our firm has assisted workers by filing charges against their employer with the National Labor Relations Board for Unfair Labor Practices.

If you or someone you know has worked, or is currently employed by Olympic Laundry, you may contact us for more information.


Honeywell, Inc., and Local 116, 318 NLRB No. 78 (8/25/95)

Brodie & Rubinsky P.C successfully represented over 400 employees who were discriminated against on the basis of their union membership. This claim was upheld on appeal and later settled for seven million dollars. As lead counsel, our responsibilities included litigating the case, preparing post-trial briefs, and working out settlement.


Trojan Yacht, 319 NLRB No. 97 (11/24/95)

Successfully represented over 300 employees whose pension plans were improperly terminated. As counsel in Trojan Yacht, the firm's responsibilities included trying the case, preparing post-trial and appellate briefs, representing the client's interest in Bankruptcy Court, and negotiating settlements with the Bankruptcy Court and the Pension Benefit Guarantee Corporation.

Stadler, et al., v. McCulloch, et al., Case No. 93-cv-3093 (U.S. District Court, E.D. Pa.)

Served as co-counsel in an ERISA-wage claim filed in Federal and State court on behalf of approximately 100 former employees of Nutri-System.


McManus v. Commonwealth of PA Dept. of Labor & Industry, Case No. 94-cv-3038

Served as co-counsel in a class action on behalf of Pennsylvania Workers Compensation Judges alleging various constitutional violations


Beth Jacob Teachers Assn. v. Beth Jacob School

Served as lead counsel in a wage case on behalf of 140 teachers and staff and successfully negotiated a pretrial settlement.

Ben Seigler, et al., v. Falcon Associates, et al., Case No. 95-cv-2414 (U.S. District Court, E.D. Pa.)


Served as lead counsel on a WARN Act (The Worker Adjustment and Retraining Notification Act Guide to Advance Notice of Closings and Layoffs) claim. A class of approximately 300 former employees of Falcon was certified fo


Lemons, et al., v. Triage, et al., Case No. 93-CV-3013

Served as lead counsel on behalf of approximately 100 party plaintiffs in a Fair Labor Standards Act action


Blue Bird Workers, et al., v. Northern Foods, et al., Civil Action Nos. 82-1306, 82-2450, and 83-1546

Claims Administrator in a class action in the Eastern District of Pennsylvania. This particular class action was litigated over a ten-year period under various discrimination theories, including age and national origin discrimination. The litigation resulted in a settlement of approximately $3.5 million. Following the settlement, Brodie & Rubinsky was selected to administer the claims of over 300 potential class members.

King, et al., v. SEPTA, Case No. 95-cv-0682

Served as lead counsel in Wage claim under the Fair Labor Standards Act and the Pennsylvania Wage Payment and Collection Law. A settlement was reached on behalf of approximately 5,000 employees.


Bynoe v. Atlantic Express Transportation Corp., et al., Case No. 99-cv-4920

Lead counsel in action on behalf of paratransit drivers who were not paid for all hours worked, including early report time and waiting time.


American Appliance and Rowland Bankruptcy Cases (N.J. Bankruptcy Case No. 01-14425 JHW)

Counsel in action of behalf of appliance store workers to recover unpaid wages and benefits in bankruptcy.