Top News

Third Circuit agrees teacher's wrongful termination lawsuit has no jurisdiction over Maryland defendants

Nicholas Malfitano Aug. 17, 2017, 1:20pm

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has upheld a lower court’s view that lack of personal jurisdiction as it pertained to Maryland-based defendants was grounds for dismissal in an educator’s wrongful termination lawsuit.

Western Pennsylvania federal court correctly dismissed wrongful termination lawsuit, says Third Circuit

Nicholas Malfitano Jul. 10, 2017, 9:59am

PHILADELPHIA – According to a panel of judges from the U.S. Court of Appeals for the Third Circuit, a plaintiff suing Citizens Bank of Pennsylvania for wrongful termination based on alleged age, gender and racial discrimination rightfully had her case dismissed in a Western Pennsylvania federal court.

Third Circuit rules woman's medical civil rights, injury claims barred by statute of limitations

Nicholas Malfitano Jul. 10, 2017, 9:59am

PHILADELPHIA – A federal appeals court affirmed a lower court’s ruling that a Scranton woman’s civil rights and personal injury claims were barred by their respective statutes of limitation.

Judge rejects motion for summary judgment from Swarthmore College in wrongful termination case

Nicholas Malfitano Jul. 7, 2017, 11:22am

PHILADELPHIA – A wrongful termination case from a former public safety officer at Swarthmore College, predicated on an alleged incident of racial discrimination, has survived a motion for summary judgment from the college in federal court.

Payroll dispute case and related arbitration issue remanded to District Court

Nicholas Malfitano Jul. 7, 2017, 11:21am

PHILADELPHIA – A federal appeals court has determined that a lower court erroneously threw out a motion to dismiss before properly resolving a separate motion to compel arbitration in a payroll dispute litigation.

Lawsuit against Malvern attorney is frivolous, courts rule

Nicholas Malfitano Jul. 6, 2017, 12:55pm

PHILADELPHIA – A federal appeals court said a woman who filed a lawsuit against a Malvern attorney and his law firm did not have the legal standing to bring her complaint, in effect agreeing with a lower court’s view of the matter as “legally frivolous.”

Plaintiff loses motion to reconsider wrongful termination case against Thomas Jefferson University Hospital

Nicholas Malfitano Jul. 6, 2017, 12:52pm

PHILADELPHIA – A former employee of Thomas Jefferson University Hospital who claimed he was wrongfully terminated for taking time off through the Family and Medical Leave Act (FMLA) has lost his appeal against the institution.

Third Circuit: Client's former attorney not proven to be state actor, case dismissed

Nicholas Malfitano Jun. 20, 2017, 12:23pm

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled that a plaintiff who accused his former attorney of malpractice and being a state actor therein will have his case dismissed.

Third Circuit: Plaintiff's fraud allegation against Philadelphia Housing Authority is meritless

Nicholas Malfitano Jun. 16, 2017, 9:33am

Third Circuit: Plaintiff's fraud allegation against Philadelphia Housing Authority is meritless

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.