Top News

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.

Motel 6 trademark infringement case headed back to Pennsylvania federal court

Nicholas Malfitano Nov. 30, 2016, 8:56am

PHILADELPHIA – A panel of appellate judges has ruled to vacate a trial court’s decision with interpretation to statutes surrounding counterfeiting and pre-judgment interest in a trademark use action.

Appellate court throws out appeal of former hospital employee and affirms prior settlement approval

Nicholas Malfitano Nov. 28, 2016, 10:16am

PHILADELPHIA – Three appellate court judges have thrown out an appeal pertaining to a settlement in a wrongful termination action involving a former employee of Thomas Jefferson University Hospital.

Third Circuit says Pa. federal judge will not be recused from discrimination case

Nicholas Malfitano Nov. 16, 2016, 10:09am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit says a U.S. District Court for the Middle District of Pennsylania judge will not be recused from presiding over a civil discrimination case.

Summary judgment against dismissed SEPTA cashier upheld by Third Circuit

Nicholas Malfitano Nov. 16, 2016, 9:59am

PHILADELPHIA – An appellate judge has affirmed a ruling of summary judgment on behalf of the Southeastern Pennsylvania Transportation Authority (SEPTA) and one of its supervisors, in an employment discrimination litigation.

Former nightclub employee's wage dispute not bound by arbitration clause, court says

Nicholas Malfitano Nov. 14, 2016, 8:35am

PHILADELPHIA – A federal appellate judge recently ruled that a Philadelphia nightclub will not be headed to arbitration in a wage payment dispute case with one of its former employees.

Art Institute of Pittsburgh employees' discrimination claims allowed to go to court

Carrie Salls Nov. 10, 2016, 1:40pm

PITTSBURGH – Two Education Management Corp. employees have been given the green light to sue their employer in court because they opposed a policy requiring that disputes be sent to binding arbitration.

Federal courts have no jurisdiction in disability discrimination case against U.S. Postal Service

Nicholas Malfitano Nov. 8, 2016, 7:33am

PHILADELPHIA – An appellate judge wrote Nov. 4 that the U.S. Court of Appeals for the Third Circuit does not have jurisdiction in a disability discrimination case filed against the U.S. Postal Service that dates back to the 1990s.

Plaintiff's lawsuit against Strayer University deemed not substantive and dismissed

Nicholas Malfitano Nov. 7, 2016, 9:04am

PHILADELPHIA – An appellate court said a former Strayer University student did not have substantive proof to continue his litigation against the educational institution.

Appeals court upholds ruling dismissing breach of contract, bad faith claims against Nationwide

Nicholas Malfitano Nov. 7, 2016, 9:03am

PHILADELPHIA – An appeals court recently determined that breach of contract and bad faith claims against Nationwide Mutual Insurance Company were without merit.

Dismissal of due process violations upheld by Third Circuit in sheriff's sale case

Nicholas Malfitano Nov. 7, 2016, 9:02am

PHILADELPHIA – A federal appeals court affirmed a trial court ruling stating a former homeowner's constitutional rights were not violated when his residence was sold to other persons through a sheriff's sale auction.

Court: 'Speculation' insufficient to overturn summary judgment to Novartis Pharmaceuticals

Nicholas Malfitano Nov. 1, 2016, 12:03pm

PHILADELPHIA – A federal appeals court has decided summary judgment was correctly granted in the case of a cancer patient who contracted osteonecrosis of the jaw (ONJ) in response to a medication he was administered.

Attorney: Third Circuit threatens business model of franchising

Carrie Salls Nov. 1, 2016, 12:01pm

PHILADELPHIA – A divided panel of the U.S. Court of Appeals for the Third Circuit recently granted class certification in a case against Jani-King of Philadelphia that alleges the company’s franchisees were improperly being classified as independent contractors.

Philly revenue department employee not unlawfully terminated, says appeals court

Nicholas Malfitano Oct. 28, 2016, 9:28am

PHILADELPHIA – A federal appeals court upheld a motion of summary judgment in the case of a former Philadelphia Revenue Department customer service representative who claimed he was unlawfully terminated.

Third Circuit decision in product-hopping case may be at odds with prior case, attorney says

Karen Kidd Oct. 26, 2016, 1:37pm

PHILADELPHIA – A decision out of the U.S. Court of Appeals for the Third Circuit earlier this fall that a pharmaceutical company in a Pennsylvania product-hopping case did not violate the Sherman Antitrust Act seems to be at odds with a prior precedent-setting case, a Washington, D.C.-based attorney says.

DuPont's employees to proceed with class action over unpaid time getting ready for shift

Dawn Geske Oct. 26, 2016, 1:03pm

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court's ruling, allowing a class action lawsuit brought by employees against DuPont to proceed.

Appellate court says newspaper and its employees did not libel Allentown woman

Nicholas Malfitano Oct. 25, 2016, 8:04am

PHILADELPHIA – According to a panel of federal appellate judges, an Allentown woman’s motion for post-judgment relief in a libel case brought against The Morning Call newspaper, its parent company and several of its personnel did not present a substantial question.

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.

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.