Top News

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.

Transplant foundation did not violate Pennsylvania Human Relations Act, appeals court says

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

PHILADELPHIA – A panel of appellate judges has ruled a woman’s Pennsylvania Human Relations Act (PHRA) complaint of age and sex discrimination against her former employer did not pass the legal standard needed to prove such claims.

Third Circuit ruling in age discrimination case changes game for employers

Carrie Salls Feb. 10, 2017, 9:38am

PHILADELPHIA – A Jan. 10 ruling entered by the U.S. Court of Appeals for the Third Circuit may set a precedent that requires employers to do their legal homework before deciding just which employee groups to target during a reduction in force.

Third Circuit Court of Appeals allows for subgroups in age-discrimination case

Dawn Geske Feb. 5, 2017, 8:20pm

PHILADELPHIA – A decision by the U.S. Court of Appeals for the Third District has identified subgroups as a segment of employees that cannot be discriminated against under the Age Discrimination in Employment Act (ADEA).

Third Circuit says sign pointing to Shickshinny church can stay

Shanice Harris Feb. 2, 2017, 12:22pm

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently reached a decision in the case of Tearpock-Martini v. Shickshinny Borough earlier this month, upholding the district court’s decision that means a borough directional sign pointing to a church can remain.

Furniture distributor didn't breach contract with manufacturer over bleached white veneers

Nicholas Malfitano Jan. 24, 2017, 12:36pm

PHILADELPHIA – A panel of appellate judges have chosen to uphold a trial court’s ruling to grant summary judgment to a furniture distributor, saying it did not breach either an implied warrant of merchantability or a contract with a hospitality industry furniture manufacturer.

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.