Nicholas Malfitano News
Overtime compensation class action not headed to arbitration, Third Circuit says
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.
Man's lawsuit alleging maiming by meat mixer removed to federal court
PHILADELPHIA – The manufacturers of a commercial meat mixer that a Philadelphia man says maimed him on the job last year want a lawsuit filed against them removed to federal court.
Risperdal plaintiffs, batting .500 but packing $76M verdict, flood Philadelphia court
PHILADELPHIA – Records from the Philadelphia County Court of Common Pleas reveal more than 3,000 new Risperdal lawsuits were filed in the first three months of 2017, driving up the total number of filings in this mass tort program to more than 5,500.
Woman settles with U.S. over alleged fall at post office
PHILADELPHIA – Litigation between a Philadelphia woman and the federal government over injuries she sustained at a post office in the city has been settled, according to court records.
Sexual harassment case closed
PHILADELPHIA – The case brought by five female employees against their employer, claiming he engaged in sexual harassment and discrimination due to physical disabilities, has been given an administrative closing by a federal judge.
Pennsylvania DOC did not discriminate against former employee, Third Circuit says
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.
Amended material stricken from complaint in nursing home negligence case
PHILADELPHIA – A judge has ruled that a plaintiff did not have permission of the Court to amend a portion of his complaint and violated a Federal Rule of Civil Procedure, which resulted in those portions being stricken.
Plaintiffs challenge federal's judge ruling of res judicata in foreclosure case
PHILADELPHIA – Plaintiffs in a mortgage foreclosure action have challenged the ruling of a federal judge who ruled the doctrine of res judicata effectively barred their claims from proceeding in court.
Decedent's suit over injuries suffered in stairway of Mexican resort settled
PHILADELPHIA – Months subsequent to the death of the plaintiff, a settlement was reached in litigation featuring the estate of a Feasterville-Trevose man who sued a Miami, Fla.
Separation of insurance case claims leads to denial of remand motion
PHILADELPHIA – A plaintiff’s attempt to return his vehicle insurance case to state court has been deemed unsuccessful, due to the proper separation of his claims for declaratory judgment and breach of contract.
Man who feels he was improperly committed has complaint dismissed in federal court
PHILADELPHIA – A judge has ruled that a lack of proper attribution for federally-based jurisdiction has led to the dismissal of a complaint from a man who alleged he was improperly committed to a hospital for treatment.
Judge orders administrative closing of attorney's online privacy lawsuit against Obama, national intelligence officials
PHILADELPHIA – A federal court judge has issued a temporary administrative closing in a case in which a Canonsburg attorney sued former President Barack Obama and national intelligence officials for allegedly compromising the security of his online accounts.
Third Circuit says lack of connection between defendants and state actors in housing nuisance case results in dismissal
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
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.
Litigation brought by woman injured in Bensalem movie theater is settled
PHILADELPHIA — Per court records, a settlement has been reached in the case of a woman who sued a Kansas-based movie theater chain for injuries.
Woman, claiming elevator dropped her, settles lawsuit
PHILADELPHIA — A plaintiff who sued elevator and realty companies for negligence as a result of injuries she suffered in an allegedly violent elevator fall has settled with the defendants of the case.
Slip-and-fall against Macy's settled
PHILADELPHIA – A Wallingford couple who sued Macy’s alleging damages from negligence-related injuries the wife says she suffered, have settled with the department store retailer.
Lawsuit over ride at Tullytown church carnival settled
PHILADELPHIA – Litigation pitting a church fair patron and her husband versus an amusement ride provider and many of its employees centered on injuries sustained when a ride wasn’t brought to a proper stop has been settled.
Federal Xarelto trials ready to begin, could act as pre-cursor to Philly cases
Federal Xarelto litigation set to begin, could act as pre-cursor to Philly cases
Judge issues arrest warrants on attorney, funder pursuing $66M Liberian judgment
PHILADELPHIA – The latest development in a lawsuit surrounding the pursuit of a multimillion-dollar Liberian judgment has resulted in a federal judge issuing bench warrants for the arrests of a British Virgin Islands-based attorney and a prominent Irish real estate developer funding it.