Top News

Third Circuit Court determines CVS warehouse worker not fired because of disability

Nicholas Malfitano Sep. 23, 2016, 9:53am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has determined that CVS RX Services, Inc. did not fire one of its warehouse employees due to her disability.

Plaintiff's negligence appeal versus medical centers and neurosurgeons found untimely by Superior Court

Nicholas Malfitano Sep. 23, 2016, 9:52am

HARRISBURG – A plaintiff’s appeal of summary judgment against a pair of medical facilities and two neurosurgeons has been quashed and labeled “untimely”, according to the Superior Court of Pennsylvania.

Commonwealth Court permits lung injury plaintiff to withdraw petition without prejudice

Nicholas Malfitano Sep. 22, 2016, 2:51pm

HARRISBURG – The Commonwealth Court of Pennsylvania has affirmed a decision from the Workers' Compensation Appeal Board, allowing the modification of a Workers’ Compensation Judge’s (WCJ) decision dismissing Kurian T. Skaria’s petition with prejudice to dismissing the petition without prejudice.

Superior Court says old granulomatous disease not result of plaintiff's stay at Milton Hershey School

Nicholas Malfitano Sep. 22, 2016, 2:50pm

HARRISBURG – A school that a plaintiff attended and chores he performed there as a young man were not the cause of his serious pulmonary illness, according to the Superior Court of Pennsylvania.

Asbestos attorneys: Supreme Court decision hasn't brought flood of suits against employers

Nicholas Malfitano Sep. 20, 2016, 12:30pm

PHILADELPHIA – Though a 2013 state Supreme Court decision might have worried employers that they’d be dragged into asbestos lawsuits over Workers’ Compensation issues, asbestos attorneys say that it hasn’t happened too often.

Superior Court reinstates couple's UTPCPL complaint versus home building company

Nicholas Malfitano Sep. 19, 2016, 9:13am

HARRISBURG – The Superior Court of Pennsylvania has reinstated a couple’s complaint against a building company which allegedly applied stucco improperly, causing moisture infiltration and subsequently, the presence of mold in their home.

Third Circuit says car loan payment agreement not fraudulent in appealed case

Nicholas Malfitano Sep. 19, 2016, 9:12am

PHILADELPHIA – A federal appellate court denied a Philadelphia man’s attempt to overturn a trial court ruling stating a loan agreement he entered into to purchase an automobile was not fraudulent.

Insurer doesn't have to indemnify nightclub in case over shooting

Nicholas Malfitano Sep. 14, 2016, 2:11pm

HARRISBURG – The Superior Court has affirmed a granting of summary judgment in favor of a global insurance company against one of its policyholders, through the applicability of an exclusion clause for assault and battery.

Former parking employee not entitled to $67.5K judgment, says Superior Court

Nicholas Malfitano Sep. 14, 2016, 2:08pm

HARRISBURG – A Pennsylvania state appellate court has reversed a trial court decision which allowed for a parking company employee to collect a judgment of more than $67,000 for intentional infliction of emotional distress (IIED) in an assault and battery case versus his employer.

Objection motions still on the table after rescheduled hearing in New Jersey auto accident case

Nicholas Malfitano Sep. 13, 2016, 8:53am

PHILADELPHIA – Three motions for preliminary objection motions in a car accident lawsuit remain left to be decided, subsequent to a rescheduled hearing last week in the Philadelphia County Court of Common Pleas.

Defense attorney says false arrest, imprisonment lawsuit against Philly officer violates statutes of limitations

Nicholas Malfitano Sep. 13, 2016, 8:52am

PHILADELPHIA – A Philadelphia man’s false arrest and false imprisonment lawsuit against a local homicide detective is untimely and should be dismissed for being filed after the relevant statutes of limitations expired, says defense counsel in the case.

Legal confidentiality protects reasons for withdrawal, plaintiff attorney says

Nicholas Malfitano Sep. 9, 2016, 12:59pm

PHILADELPHIA – A plaintiff attorney representing an injured party in a hotel’s premises liability lawsuit has chosen to withdraw from that same suit, citing reasons he says are protected by legal confidentiality.

Philadelphia court to decide merit and timeliness of objections in apartment complex liability case

Nicholas Malfitano Sep. 9, 2016, 12:58pm

PHILADELPHIA – The timeliness of preliminary objections has become the subject of debate in an apartment slip-and-fall case originating at a residential complex in Upper Darby.

Counselor says motivation for withdrawal from senior center fall case is shielded by attorney-client privilege

Nicholas Malfitano Sep. 9, 2016, 12:58pm

PHILADELPHIA – Plaintiff counsel in a senior center’s slip-and-fall lawsuit has elected to file papers to exit that litigation, for reasons yet to be disclosed in the Philadelphia County Court of Common Pleas.

Defense gets punitive damages stricken in crash lawsuit, loses out on other preliminary objections

Nicholas Malfitano Sep. 7, 2016, 9:08am

PHILADELPHIA – Defense counsel representing a pair of drivers and their place of employment in a motor vehicle accident case has successfully petitioned to strike punitive damages through preliminary objections, but lost out in court on other objections related to improper venue and insufficient pleading of charges.

Philly judge overrules motions for appearance withdrawal and alternative service in grocery fall case

Nicholas Malfitano Sep. 7, 2016, 9:07am

PHILADELPHIA – A Philadelphia County Court of Common Pleas judge overruled motions for withdrawal of appearance and alternative service in a slip-and-fall case connected with the sidewalk outside a Philadelphia grocery market, before later determining parameters for proper and complete service of the complaint in question.

Lawyer objects for venue switch in assisted living facility resident's wrongful death action

Nicholas Malfitano Sep. 7, 2016, 8:56am

PHILADELPHIA – A defense attorney is attempting to switch the venue of a wrongful death and survival action brought by the estate of a former assisted living facility resident, from a Philadelphia court to the Berks County Court of Common Pleas.

Borough of Conshohocken claims legal immunity from construction injury lawsuit

Nicholas Malfitano Sep. 2, 2016, 12:02pm

PHILADELPHIA – A member of defense counsel says the Borough of Conshohocken should be dismissed from a construction injury litigation due to legal immunity, or alternatively, that the case should be transferred to the Montgomery County Court of Common Pleas.

Attorney's objections lead to transfer of slip-and-fall to Delaware County

Nicholas Malfitano Sep. 2, 2016, 12:01pm

PHILADELPHIA – A defense attorney in a slip-and-fall lawsuit originating in Chester made a number of objections relating to the choice of venue in that legal action, which resulted in a successful change of that venue.

McDonald's dismissed from personal injury lawsuit, judge makes defense objections moot

Nicholas Malfitano Sep. 2, 2016, 12:00pm

PHILADELPHIA – A number of preliminary objections first made by a now-former member of defense counsel in a case involving McDonald’s have been rendered moot, now that McDonald’s has been dismissed from the lawsuit entirely.