Top News

Man who suffered eye injury at farmers market appeals to Third Circuit

Nicholas Malfitano Jan. 20, 2017, 8:50am

PHILADELPHIA – A lawsuit from a man who suffered an eye injury while working at a farmers market has now advanced to the U.S. Court of Appeals for the Third Circuit, where he claims the original trial court made an error of law in dismissing his case.

Defamation case against Bill Cosby dismissed by federal appeals court

Dawn Geske Jan. 18, 2017, 12:24pm

PHILADELPHIA – A case in which a woman making claims against Bill Cosby that he allegedly drugged and sexually assaulted her has been dismissed by the U.S. Court of Appeals for the Third Circuit.

District Court did not err in dismissing man's amended discrimination complaint, Third Circuit says

Nicholas Malfitano Jan. 17, 2017, 1:30pm

PHILADELPHIA – A panel of appellate judges have ruled to affirm a trial court ruling to dismiss a man’s second amendment complaint in a federal discrimination litigation.

Third Circuit says PennDOT not liable for damages tied to trucking company owner's unregistered trailer

Nicholas Malfitano Jan. 17, 2017, 1:30pm

PHILADELPHIA – In a per curiam decision, federal appellate judges have decided to uphold a lower court’s ruling that the Pennsylvania Department of Transportation and its associates are not liable for damages in allegedly failing to register a man’s trailer for the trucking company he owned.

Third Circuit rules man's $217K penalty not able to be discharged in bankruptcy proceeding

Nicholas Malfitano Jan. 17, 2017, 1:29pm

PHILADELPHIA – The U.S. Court of Appeals for Third Circuit has ruled a man’s debt tied to a finding of intentional infliction of emotional distress was not permitted to be discharged in the midst of his Chapter 7 bankruptcy proceedings.

Cell phone repair and recycling company's unjust enrichment claim has no basis, appeals court says

Nicholas Malfitano Jan. 12, 2017, 9:09am

PHILADELPHIA – A federal appeals court has upheld the trial court dismissal of a Souderton cellular phone repair and recycling company’s claim of unjust enrichment against an insurance agency based in New York City.

Third Circuit rules in case of worker killed by on-the-job accident

Nicholas Malfitano Jan. 12, 2017, 9:09am

PHILADELPHIA – A panel of federal appellate judges believe the local District Court incorrectly interpreted and characterized the injury claims of a plaintiff whose husband lost his life in a work-related crane accident, and have remanded the case for further proceedings.

Civil rights claims against Pennsylvania state trooper dismissed for lack of standing

Nicholas Malfitano Jan. 10, 2017, 9:49am

PHILADELPHIA – Federal appellate court judges have thrown out a civil rights action filed against a member of the Pennsylvania State Police for a perceived lack of merit, per court records.

Third Circuit rules against former Temple University athlete in harassment case

Nicholas Malfitano Jan. 6, 2017, 10:17am

PHILADELPHIA – A panel of appellate judges has ruled a former Temple University athlete's claims of sexual harassment, mistreatment and retaliation in the form of a loss of her athletic scholarship were time-barred, and upheld a prior granting of summary judgment.

Third Circuit says Darby landlord not subject to ethnic discrimination, affirms trial court dismissal

Nicholas Malfitano Dec. 29, 2016, 12:25pm

The federal appeals court affirmed the trial court dismissal of a New York man and Pennsylvania landlord who claims a local municipality discriminated against him based on his country of ethnic origin.

Union banquet server's claim dismissed by appeals court

Nicholas Malfitano Dec. 23, 2016, 9:46am

PHILADELPHIA – Judges from the U.S. Court of Appeals for the Third Circuit have found a banquet server’s complaint against his union employer failed to state a proper and sufficient claim, in keeping with the view of the case’s trial court.

Pa. law firm didn't intimidate or harass plaintiff, Third Circuit Court says

Nicholas Malfitano Dec. 22, 2016, 9:52am

PHILADELPHIA – A panel of federal appellate judges have ruled to affirm the dismissal of a Pottstown woman’s litigation, which claimed a Pennsylvania law firm intimidated and harassed her.

Appeal in injury-related wrongful termination case and related sanction motions dismissed

Nicholas Malfitano Dec. 19, 2016, 9:50am

PHILADELPHIA – A panel of appellate judges has ruled to dismiss an injury-related wrongful termination case and connected motions for sanctions, in keeping with the decision of the original trial court.

False Claims Act case remanded to trial court over lack of consideration of Poulis factors

Nicholas Malfitano Dec. 19, 2016, 9:48am

PHILADELPHIA – A federal appellate court has sent an action revolving around alleged violations of the False Claims Act (FCA) back to its trial court, over that same trial court not considering the Poulis factors before dismissing the case.

Issue of qualified immunity leads to remanding of civil rights arson investigation case to trial court

Nicholas Malfitano Dec. 13, 2016, 10:13am

PHILADELPHIA – Appellate court judges have decided to remand a civil rights action tied to an arson investigation to its trial court, for further proceedings and analysis on whether the concept of qualified immunity applies to one of the case’s defendants.

Third Circuit upholds trial court ruling in legal malpractice action

Nicholas Malfitano Dec. 13, 2016, 10:11am

PHILADELPHIA – A panel of appellate judges has recently ruled to affirm a trial court’s decisions on the subjects of judgment on the pleadings and a denial of a motion for reconsideration in a legal malpractice litigation.

Third Circuit dismisses age discrimination action against Abbott Laboratories

Nicholas Malfitano Dec. 9, 2016, 10:05am

PHILADELPHIA – An appellate judge has ruled to affirm a trial court decision in dismissing an age discrimination termination action from the former operations manager of a laboratory company.

Civil rights claims against Washington County and legal officials dismissed

Nicholas Malfitano Dec. 7, 2016, 9:23am

PHILADELPHIA – An Erie couple’s civil rights lawsuit panel against Washington County, two of its district attorneys, a state court judge and another attorney has been dismissed by the U.S. Court of Appeals for the Third Circuit.

Employment discrimination lawsuit against Outback Steakhouse dismissed by appellate court

Nicholas Malfitano Dec. 6, 2016, 9:47am

PHILADELPHIA – A trio of appellate court judges have ruled to dismiss an employment discrimination action, filed on behalf of a woman who claimed she was discriminated against by Outback Steakhouse because of her disability.

Plaintiff in qui tam action cannot be granted access to records that do not exist, court says

Nicholas Malfitano Dec. 1, 2016, 10:04am

PHILADELPHIA – An appellate judge says the plaintiff of record in a qui tam action cannot be granted access to stenographic court records which he says do not exist.