Top News

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.

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.