Top News

Superior Court vacates $184K judgment in construction materials case

Nicholas Malfitano Oct. 21, 2016, 9:27am

HARRISBURG – The Superior Court of Pennsylvania has nullified the striking of a six-figure foreign judgment previously reached against a Wall Township, N.J.-based contractor and remanded the case back to its trial court.

Philadelphia court dismisses plaintiff's motion to vacate private arbitration award

Nicholas Malfitano Oct. 21, 2016, 9:27am

PHILADELPHIA – A Philadelphia judge rejected a plaintiff’s motion to dismiss a private arbitration award, due to it being filed two days past the 90-day deadline with which to act under the law.

Bangor man not subject to discrimination or selective enforcement of noise ordinances

Nicholas Malfitano Oct. 19, 2016, 2:41pm

PHILADELPHIA – The appeal of a Bangor man who claimed he was the victim of selective enforcement of noise ordinances by members of the Bushkill Township Police Department has been dismissed.

Class action claims Philadelphia Police Department improperly issued speeding tickets since 2012

Nicholas Malfitano Oct. 19, 2016, 2:40pm

PHILADELPHIA – A Philadelphia law firm has filed a class action lawsuit against the City of Philadelphia, claiming its police department has issued unauthorized speeding tickets on state highways for more than four years.

ALI restating liability insurance law, final product on schedule for May meeting

Nicholas Malfitano Oct. 19, 2016, 9:51am

PHILADELPHIA – A reporter chosen by the American Law Institute to re-interpret liability insurance law says he was encouraged by feedback at a meeting earlier this month.

Third Circuit dismisses couple's foreclosure appeal based on res judicata and Rooker-Feldman Doctrine

Nicholas Malfitano Oct. 19, 2016, 9:27am

PHILADELPHIA – This past Monday, a federal appellate court dismissed the appeal proceedings brought forward by a Pottstown couple who made various claims against Wells Fargo Bank concerning a mortgage foreclosure action began by the bank five years ago.

Discovery proceedings given green light in class action lawsuit versus credit union

Nicholas Malfitano Oct. 18, 2016, 10:01am

PHILADELPHIA – Per a federal judge, discovery proceedings will begin in a putative class action litigation between a credit union and any customers who may have been affected by an arbitration clause in the institution’s Service Agreement.

Federal court considering settlement proceedings and enforcement between UPS and legal, insurance officials

Nicholas Malfitano Oct. 18, 2016, 10:00am

PHILADELPHIA – The enforcement of a settlement between United Parcel Service (UPS) and a number of legal and insurance industry defendants, tied to an underlying malpractice action, is now under consideration in a Philadelphia federal court.

Superior Court of Pennsylvania stays appeal on ejectment case, pending resolution in federal court

Nicholas Malfitano Oct. 17, 2016, 8:25am

HARRISBURG – The Superior Court of Pennsylvania has stayed an ejectment action brought by First Cornerstone Bank and the Federal Deposit Insurance Corporation (FDIC), citing final disposition in, or remand from, federal court.

Third Circuit Court dismisses search and seizure, other allegations versus Philadelphia police

Nicholas Malfitano Oct. 17, 2016, 8:24am

PHILADELPHIA – An appellate court has dismissed charges of unconstitutional search and seizure, violation of equal protection and due process and a fabrication of warrant against the City of Philadelphia and the Philadelphia Police Department.

Arbitration not required in healthcare group's dispute over legal fund compensation

Nicholas Malfitano Oct. 12, 2016, 2:45pm

PHILADELPHIA – Per order of a federal judge, a local healthcare organization has had its request for claim arbitration in a payment dispute with its employees’ legal funding organization denied.

Lack of evidence leads to dismissal of college grad's lawsuit versus loan companies

Nicholas Malfitano Oct. 11, 2016, 1:08pm

According to a federal judge, current laws regarding repayment of federal student college loans did not support a case from a college grad brought against his loan servicers.

Court says plaintiffs' refusal of home inspection based on Fourth Amendment was incorrect

Nicholas Malfitano Oct. 11, 2016, 1:06pm

A pair of plaintiffs erroneously refused an inspection based on their perceived Fourth Amendment rights, says the U.S. Court of Appeals for the Third Circuit.

Superior Court: Automobile dealer didn't commit bait-and-switch, violate Unfair Trade Practices and Consumer Protection Law

Nicholas Malfitano Oct. 11, 2016, 1:05pm

HARRISBURG – The Superior Court of Pennsylvania affirmed a trial court’s granting of summary judgment to an automobile dealer in an action where its plaintiffs claimed said dealer violated lawful business practices.

Hip implant device manufacturer not at fault for failure of product, says federal court

Nicholas Malfitano Oct. 11, 2016, 1:04pm

PHILADELPHIA – Two separate courts have now found a patient who underwent total hip replacement surgery and was allegedly injured by the device implanted as part of that surgery, could not prove he was harmed by the device’s manufacturer.

ALI membership to convene in Philadelphia for conference on restatement of insurance liability law

Nicholas Malfitano Oct. 6, 2016, 12:11pm

On Thursday and Friday, Advisers and a Members Consultative Group from the American Law Institute (ALI) will be convening for a meeting regarding Restatement of the Law as it pertains to liability insurance.

Failure to exhaust administrative remedies leads to dismissal of discrimination, injury case

Nicholas Malfitano Oct. 6, 2016, 11:53am

A federal appellate court upheld a lower court’s decision to dismiss a lawsuit filed against Amazon’s third-party sales operations department.

Attorneys concur with Third Circuit judge's dissent in certification of employment class action

Nicholas Malfitano Oct. 6, 2016, 11:43am

A pair of attorneys believe a recent federal appellate court ruling has misinterpreted case law in certifying a putative class action involving independent contractors of the world’s largest commercial cleaning franchisor.

Commonwealth Court overturns trial court's view of 'de minimus' vehicle registration compliance

Nicholas Malfitano Oct. 5, 2016, 8:40am

In the eyes of the Commonwealth Court of Pennsylvania, the three-month suspension of a man’s vehicle registration imposed by the Pennsylvania Department of Transportation’s Bureau of Motor Vehicles (DOT) was valid.

Third Circuit dismisses 'frivolous' defamation claims

Nicholas Malfitano Oct. 5, 2016, 8:22am

A federal appellate judge turned away the appeal of a former congressional candidate who claims he was defamed by private citizens in the district where his campaign took place.