Top News

Luzerne County judge cites Right To Farm Act and rules to dismiss neighbors' nuisance complaints

Nicholas Malfitano Apr. 26, 2017, 8:39am

WILKES-BARRE – A state court judge cited Pennsylvania’s Right To Farm Act (RTFA) in recently dismissing a case from neighbors who filed a lawsuit over the use of liquid swine manure as part of the defendants' farming operations.

Third Circuit agrees with lower court that Rooker-Feldman doctrine precludes claims in FDCPA case

Nicholas Malfitano Apr. 26, 2017, 8:36am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit agreed with a lower federal court that the Rooker-Feldman doctrine precluded the claims of plaintiffs who believed U.S. Bank breached its mortgage obligations and the Fair Debt Collections Practices Act (FDCPA).

Third Circuit Court says tax attorney's whistleblower-related retaliation claims not precluded

Nicholas Malfitano Apr. 25, 2017, 9:08am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has decided that a tax attorney was not precluded from claiming wrongful termination against his former employer, for blowing the whistle on their allegedly illegal practices.

Claims of improper treatment at veterans medical facility remanded to District Court, Third Circuit rules

Nicholas Malfitano Apr. 25, 2017, 9:08am

PHILADELPHIA – A federal appeals court says a woman’s claims of improper treatment at a veterans medical facility will be remanded to the U.S. District Court for further proceedings.

First Xarelto federal bellwether trial beginning in Louisiana court

Nicholas Malfitano Apr. 25, 2017, 9:08am

NEW ORLEANS – The initial bellwether trial to ascertain whether the manufacturers of Xarelto are liable for claims which allege the blood-thinning medication caused injury or death to more than 15,000 patients was slated to begin Monday in a Louisiana federal court.

Superior Court upholds Philadelphia court's decision to transfer casino injury suit to Bucks County

Nicholas Malfitano Apr. 24, 2017, 9:55am

HARRISBURG – The Superior Court of Pennsylvania ruled that a state court in Philadelphia was not in error when it transferred a plaintiff’s premises liability action against a Bensalem casino to its counterpart court in Bucks County.

Mass. lawyer says knife maker's defamation case against him lacks Pa. jurisdiction

Nicholas Malfitano Apr. 24, 2017, 9:55am

PHILADELPHIA – A Massachusetts lawyer accused of defaming a North Carolina man and Pennsylvania knife manufacturer and seller through his online commentary, is attempting to have the case against him dismissed for lack of personal jurisdiction.

Chester County massage facility seeking injunction to prevent its closing

Nicholas Malfitano Apr. 24, 2017, 9:54am

PHILADELPHIA – A Chester County massage clinic which may be facing the closing of its doors is seeking a preliminary injunction to prevent itself from going out of business permanently.

District Court judge dismisses auto detailer's wrongful termination litigation

Nicholas Malfitano Apr. 24, 2017, 9:54am

PHILADELPHIA – A federal judge has dismissed an automotive detailer’s wrongful termination action against his former place of business, Carousel Hyundai in West Chester.

Defense counsel seeking to dismiss poisoned man's claims for punitive damages

Nicholas Malfitano Apr. 24, 2017, 9:53am

PHILADELPHIA – Counsel for one of a quartet of companies accused by a Philadelphia man of poisoning him with methyl bromide pesticides two years ago are attempting to dismiss claims of reckless behavior and punitive damages with prejudice.

Janssen Pharmaceuticals granted nonsuit motion in latest Philadelphia Risperdal lawsuit

Nicholas Malfitano Apr. 24, 2017, 9:53am

PHILADELPHIA – The latest Risperdal lawsuit to go to trial here has been dismissed by a state court judge for a piece of photographic evidence allegedly lacking authentication, marking the fifth courtroom victory for the drug’s manufacturer, Janssen Pharmaceuticals.

Defense counsel in gas explosion case seeking to dismiss punitive damages claims

Nicholas Malfitano Apr. 24, 2017, 9:52am

PHILADELPHIA – Counsel for one in a group of companies who are accused of manufacturing a faulty natural gas system for a trash truck which exploded and left a man with third-degree burns have moved to dismiss claims against them for punitive damages.

Amtrak defends self from lawsuit brought by conductor in fatal 2015 wreck

Nicholas Malfitano Apr. 19, 2017, 2:52pm

Sued by an engineer whose part in a fatal derailment remains a question, Amtrak is attempting to turn the blame on the man.

Pharmaceutical companies seeking to ascertain if third-party funding in Xarelto litigation

Nicholas Malfitano Apr. 18, 2017, 10:16am

PHILADELPHIA – The manufacturers of Xarelto are seeking to compel a Philadelphia court to allow them to learn if cases brought against them for injuries allegedly stemming from taking the drug were funded by third-parties.

Shopping mall slip-and-fall case transferred to federal court in New Jersey

Nicholas Malfitano Apr. 18, 2017, 10:13am

PHILADELPHIA – A premises liability case filed in Pennsylvania federal court against a New Jersey shopping mall, has now been transferred to federal court in that state.

Newtown Square care facility has several wrongful termination claims filed against it dismissed

Nicholas Malfitano Apr. 18, 2017, 10:13am

PHILADELPHIA – A Newtown Square continuing care facility won its motion for dismissal of three of four of a plaintiff’s discrimination claims, due to said plaintiff allegedly not responding to the motion in question.

Superior Court partially upholds verdict on Right to Farm Act case, remands for further proceedings

Nicholas Malfitano Apr. 16, 2017, 10:18am

HARRISBURG – The Superior Court of Pennsylvania has found partial favor with and remanded a case between a Lycoming County farm and its neighbors, ruling its activities are protected under the Right to Farm Act (RTFA).

Third Circuit says settlement's contract language not ambiguous and monthly payment terms remain as is

Nicholas Malfitano Apr. 16, 2017, 10:18am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled to reject a claim that monthly payments in a settlement agreement would increase by five percent per month only in the case of three references to a cure provision.

Mississippi employees retirement fund's securities lawsuit set for switch to federal court

Nicholas Malfitano Apr. 14, 2017, 12:20pm

PHILADELPHIA – Defendants in a securities fraud action brought by a public employee retirement organization have filed to remove the action from the Chester County Court of Common Pleas to the U.S. District Court for the Eastern District of Pennsylvania.

Man's lawsuit claiming he was served food with shards of broken plate at Longhorn moved to federal court

Nicholas Malfitano Apr. 14, 2017, 12:19pm

PHILADELPHIA – Longhorn Steakhouse is looking to have the case of a New Jersey man who says he became ill and injured from allegedly being served shards of a broken plate at their location in Hamilton Township, N.J. removed to federal court.