Top News

Third Circuit finds State Police troopers did not use excessive force

Nicholas Malfitano May 18, 2017, 11:46am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently affirmed a lower court’s ruling that entered a jury verdict for four Pennsylvania State Police troopers accused of using excessive force after a high-speed chase.

Former Drexel University medical student's discrimination complaint dismissed without prejudice

Nicholas Malfitano May 15, 2017, 9:49am

PHILADELPHIA – A panel of federal appellate court judges dismissed the appeal of a former Drexel University medical student who filed a racial discrimination lawsuit against the academic institution, for lack of jurisdiction and without prejudice.

Third Circuit dismisses case of former Philly police officer who claimed lack of reinstatement was racially motivated

Nicholas Malfitano May 12, 2017, 8:55am

PHILADELPHIA – A federal appeals court panel has affirmed the dismissal of a case from a former member of the Philadelphia Police Department, who believed he was both wrongfully terminated and his attempt for reinstatement refused under racially discriminatory pretenses.

District Court did not err in summary judgment ruling for Philly police officers, Third Circuit says

Nicholas Malfitano May 5, 2017, 11:05am

PHILADELPHIA – A lower court did not err when it approved a declaration of summary judgment to a pair of Philadelphia police officers, in a case initiated by a man who said they lacked probable cause to arrest him, the U.S. Court of Appeals for the Third Circuit said.

Third Circuit dismisses pizzeria driver's complaint against former employer for lack of standing

Nicholas Malfitano May 4, 2017, 9:00am

PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit have upheld a prior District Court ruling and dismissed the complaint of a former pizza delivery driver against his employer, for lack of basis and standing.

Judge says West Bradford Township did not violate federal bankruptcy code, case dismissed

Nicholas Malfitano May 1, 2017, 9:11am

PHILADELPHIA – A federal appeals court ruled to dismiss the case of a couple who believed a township should be sanctioned for allegedly violating federal bankruptcy code, an identical decision which had been reached from a lower court.

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.

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.

Overtime compensation class action not headed to arbitration, Third Circuit says

Nicholas Malfitano Apr. 12, 2017, 10:14am

PHILADELPHIA – A federal appeals court stated that a reputed class action filed against the operating companies of a senior care facility are not subject to arbitration, affirming the decision of the lower federal court.

Pennsylvania DOC did not discriminate against former employee, Third Circuit says

Nicholas Malfitano Apr. 10, 2017, 12:51pm

PHILADELPHIA – A plaintiff’s appeal to the dismissal of his complaint for failure to state a claim for discrimination under the Americans with Disabilities Act (ADA) and age discrimination under the Age Discrimination in Employment Act (ADEA) has been rejected by the U.S. Court of Appeals for the Third Circuit.

Third Circuit says lack of connection between defendants and state actors in housing nuisance case results in dismissal

Nicholas Malfitano Apr. 10, 2017, 12:48pm

PHILADELPHIA – A federal appeals court affirmed a district court ruling last month, dismissing a plaintiff’s lawsuit against various defendants for alleged constitutional rights violations, state and criminal statutes.

Third Circuit affirms dismissal of man's anti-trust suit against eBay, Obama

Nicholas Malfitano Apr. 4, 2017, 11:12am

A plaintiff who sued the prominent e-commerce company and former President Barack Obama for anti-trust and breach of contract claims has had the dismissal of his case affirmed by the U.S. Court of Appeals for the Third Circuit.

Extending Title IX to hospitals 'a surprise to many'

Carrie Salls Mar. 28, 2017, 8:58am

PHILADELPHIA — In a surprising decision, the U.S. Court of Appeals for the Third Circuit has overturned a Philadelphia federal court ruling that dismissed a former medical resident’s Title IX claims against the private Mercy Catholic Medical Center.

Defendants in wrongful death lawsuit of Philly sixth-grader appeal to Third Circuit

Nicholas Malfitano Mar. 20, 2017, 8:28am

PHILADELPHIA – Defendants in a wrongful death lawsuit surrounding the September 2013 death of a sixth-grade student have appealed a federal judge’s decision not to dismiss them from the case under the doctrine of qualified immunity.

Third Circuit affirms judgment to exclude defendant from claim to decedent's annuity payments

Nicholas Malfitano Mar. 6, 2017, 8:49am

PHILADELPHIA – A panel of appellate judges has ruled to affirm a federal court’s decision to turn away a motion for reconsideration from a defendant who was shut out from making any further claim to his former friend and decedent’s annuity payments.

Third Circuit rules for Temple University in Title IX case

Shanice Harris Feb. 24, 2017, 8:08am

PHILADELPHIA – Temple University recently prevailed in a lawsuit filed against it by a former member of the school's track and field team, when the United States Court of Appeals for the Third Circuit affirmed the trial court's entry of summary judgment on a finding that the plaintiff's claims of gender-based discrimination were time-barred.

Appeals court upholds dismissal of wrongful termination lawsuit against Thomas Jefferson University Hospital

Nicholas Malfitano Feb. 22, 2017, 9:36am

PHILADELPHIA – According to a federal appellate court, a former hospital employee in Philadelphia did not meet the burden of proof required to substantiate her age discrimination claims.

Third Circuit rules sovereign immunity bars lawsuit versus Social Security Administration

Nicholas Malfitano Feb. 21, 2017, 9:26am

PHILADELPHIA – Recently, judges from the U.S. Court of Appeals for the Third Circuit decided a Philadelphia man’s complaint against the U.S. Social Security Administration was barred by sovereign immunity, upholding a trial court ruling in the process.