Nicholas Malfitano News

N.J. company dismissed from litigation surrounding Philly building's nine-story elevator fall

By Nicholas Malfitano | Aug 16, 2018

PHILADELPHIA – One of the entities listed in a lawsuit filed as a result of a Philadelphia man’s injuries from a nine-story elevator fall in a Center City commercial building has been conditionally dismissed from the action.

Superior Court vacates appeal of attorney busted for running poker game

By Nicholas Malfitano | Aug 16, 2018

HARRISBURG – An attorney whose home was once raided by state police authorities for overseeing illegal poker games and then opposed repayment of more than $17,000 in legal fees to his former counsel, finds himself drawing a busted flush after having his appeal declared null and void by the Superior Court of Pennsylvania.

Suit over August 2017 SEPTA train crash still idling, pending damages cap and NTSB investigation

By Nicholas Malfitano | Aug 16, 2018

PHILADELPHIA – A lawsuit filed against Southeastern Pennsylvania Transportation Authority (SEPTA) over a train collision which injured more than 30 people last year is stayed, pending consideration of the transport entity’s damages cap and the release of official investigation data from the National Transportation Safety Board (NTSB).

Plaintiff: Flooding occurred from defective sewer system, which real estate seller didn't disclose

By Nicholas Malfitano | Aug 15, 2018

PHILADELPHIA – Proceedings surrounding litigation from a South Philadelphia woman claiming her residence’s former owner failed to disclose problems with the sewage system on the premises before selling it to her, will be heard in a Philadelphia courtroom later this year.

Case of construction consultant who suffered traumatic brain injury in Hatboro coming to Philly courtroom next year

By Nicholas Malfitano | Aug 15, 2018

PHILADELPHIA – The case of a construction consultant who suffered a traumatic brain injury at a Hatboro construction site nearly three years ago, has been listed for a settlement conference and trial in a Philadelphia court next year.

Philly Democratic committeemen lacked standing to challenge election of committee colleagues

By Nicholas Malfitano | Aug 15, 2018

PHILADELPHIA – According to the Commonwealth Court of Pennsylvania, a pair of Democratic Committeemen had no legal standing under Philadelphia’s Election Code to challenge the election of 11 of their fellow committeepersons.

Third Circuit: Kmart employee couldn't prove her medical disability was the reason she wasn't rehired

By Nicholas Malfitano | Aug 15, 2018

PHILADELPHIA – A former Kmart employee who attempted to return to the company did not prove her medical disability was the reason she was not rehired, a federal appellate court ruled.

Man claims Darby cemetery unlawfully exhumed and moved his mother's body

By Nicholas Malfitano | Aug 14, 2018

PHILADELPHIA – A California man has launched litigation against a local burial company, its general manager and board president respectively, for what he claims was their unlawful exhumation of the body of his mother.

Third Circuit panel sends class action suit filed against home security company back to District Court

By Nicholas Malfitano | Aug 14, 2018

PHILADELPHIA – A class action lawsuit initiated against a Warrendale home security company and which invoked the Unfair Trade Practices and Consumer Protection Law, has been remanded to its court of origin by the U.S. Court of Appeals for the Third Circuit.

Medical care facility didn't follow legal procedure, appellate court says

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – A federal appellate court judge has said a medical care facility’s untimely notice of appeal led to its dismissal, explaining many months and opportunities were extended to the facility to comply with judicial rules and they did not do so.

Third Circuit: De La Fuente not prevented from appearing on 2016 Presidential Election ballot

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – A federal appellate court has denied claims from an independent presidential candidate from Florida, who alleged improper prevention of his name from appearing on ballots for the 2016 Presidential Election in the Commonwealth of Pennsylvania.

Latest mass tort trial sees N.J. man allege that Xarelto caused his near-fatal gastrointestinal bleeding

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – In an environment in which recent statistics say only 16 percent of new pharmaceutical case plaintiffs reside in Pennsylvania, litigation continues to be heard in Philadelphia’s County Court of Common Pleas on the more than 1,800 cases surrounding blood thinning-drug Xarelto.

Stripper at Sopranos hangout sues New York Daily News over 'unflattering' photo

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – A dancer at the New Jersey gentleman’s club that served as a major filming location for The Sopranos television show has sued the Daily News for defamation, due to her photo accompanying a newspaper article explaining the club’s closure for its alleged involvement in unlawful activities.

Federal court rules Abbott Laboratories did not retaliate against former operations manager

By Nicholas Malfitano | Aug 10, 2018

PHILADELPHIA – A federal court has ruled that the ex-operations manager of a laboratory company was not retaliated against by his former employer, when it failed to reinstate him after he pursued claims of wrongful termination.

Forklift driver alleges truck's unsafe condition caused him to suffer multiple spinal fractures

By Nicholas Malfitano | Aug 10, 2018

PHILADELPHIA – A forklift driver claims a truck he was riding in on the job was unsafe for loading and unloading, and that very same defective condition caused him to sustain several spinal fractures when the forklift fell from the truck.

Statute of limitations dismisses City of Philadelphia, police officer from false imprisonment action

By Nicholas Malfitano | Aug 8, 2018

PHILADELPHIA – One police officer and the City of Philadelphia have been dismissed from a plaintiff’s civil rights infraction and unlawful imprisonment case filed against several fellow Philadelphia police officers, due to the application of state law and a two-year statute of limitations.

Wrongful termination case filed by former manager of Ritz-Carlton Hotel suspended, sent to arbitration

By Nicholas Malfitano | Aug 8, 2018

PHILADELPHIA – Arbitration has been chosen to resolve a dispute between a former manager at The Ritz-Carlton Hotel and the hotel company itself, with the plaintiff believing the business violated the Age Discrimination in Employment Act and Pennsylvania Human Relations Act when it terminated him almost five years ago.

Third Circuit: Munhall woman's claims against Cambridge Analytica, Queen Elizabeth II are meritless

By Nicholas Malfitano | Aug 8, 2018

PHILADELPHIA – The panel of a federal appellate court has dismissed as frivolous complaints filed by a woman against U.S. National Security Advisor John Bolton, Cambridge Analytica and its founder Aleksandr Kogan, noted whistleblower Christopher Wylie and Queen Elizabeth II.

Federal judge denies motion for reconsideration from autism charity that said its freight broker was negligent

By Nicholas Malfitano | Aug 7, 2018

PHILADELPHIA - A federal judge has denied a motion for reconsideration from a Pennsylvania charity that claimed it found new evidence to support its claim that the charity freight broker’s negligence led to a third-party load carrier damaging one of the charity’s deliveries in transit and injuring one of its volunteers.

Sysco alleges Springfield Township restaurant, owner breached contract

By Nicholas Malfitano | Aug 6, 2018

PHILADELPHIA – A recently-filed lawsuit from Sysco claims a Delaware County restaurant and its owner did not complete its financial obligations to them in exchange for the provision of goods and services, per a contract the parties entered earlier this year.

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