Nicholas Malfitano News
Third Circuit dismisses pizzeria driver's complaint against former employer for lack of standing
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.
Restaurant that allegedly served mashed potatoes containing metal denies plaintiff's allegations
PHILADELPHIA – Counsel for a West Oak Lane neighborhood restaurant have denied the allegations made by a Philadelphia man who says he was injured when he bit down on a metal button hidden in his mashed potatoes.
N.Y. law firm asks malpractice case filed against it to be dismissed for plaintiff's lack of cooperation
PHILADELPHIA – A New York City law firm accused of malpractice in a protracted legal battle spanning four years and counting has asked a federal court to dismiss the case filed against it, due to the plaintiffs’ alleged failure to comply with court orders.
Dissenting justice: Lawmakers overstepped authority with frivolous lawsuit measure
HARRISBURG – Two members of the Supreme Court of Pennsylvania, including Justice Christine Donohue, dissented from the majority view in a prominent case which examined the constitutionality of the Dragonetti Act as applied to attorneys in the state.
Supreme Court: State law offering protection from frivolous lawsuits can punish lawyers
HARRISBURG – After a challenge to its constitutionality in reference to attorneys, a 5-2 ruling from the Supreme Court of Pennsylvania on April 26 has upheld the Dragonetti Act.
Ophthamologist's wrongful termination claims dismissed as time-barred in federal court
PHILADELPHIA – The U.S. District Court for the Eastern District of Pennsylvania has ruled the claims of a pediatric ophthalmologist who believes he was wrongfully terminated under federal law as dismissed.
Power tool manufacturer says Delaware couple's product liability suit wasn't filed in proper jurisdiction
PHILADELPHIA – Counsel for a Delaware power tool manufacturer has objected to a Wilmington, Del., couple’s product liability complaint, which alleges one of their tools had a blade that catastrophically injured one of the plaintiffs last year.
Supreme Court rules 4-3 that SEPTA isn't subject to City of Philadelphia's Fair Practices Ordinance
HARRISBURG – A recent 4-3 decision from the Supreme Court of Pennsylvania over the application of the Fair Practices Ordinance (FPO) to the Southeastern Pennsylvania Transportation Authority, said the agency was not subject to the auspices of that anti-discrimination legislation in Philadelphia.
Former FDA commissioner says Xarelto's manufacturers didn't warn patients of drug's risks
NEW ORLEANS – In the first week of the first federal bellwether trial connected to Xarelto, the former commissioner of the Food & Drug Administration (FDA) testified to his belief that the manufacturers of Xarelto misled patients on potential risks associated with the blood-thinning medication.
Victim of hairstyling injury opposes argument her claims are barred by Pa. state laws
PHILADELPHIA – A woman who is suing her hairstylist and his employer for supposedly injuring her during the application of a hairstyle known as a “quick-weave”, opposes his claims that she knew the risks of such a procedure and that her case is barred by Pennsylvania laws.
Judge says West Bradford Township did not violate federal bankruptcy code, case dismissed
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.
Federal court dismisses Scranton law firm's suit versus JPMorgan Chase Bank, pending final settlement
HARRISBURG – A Pennsylvania federal judge ruled to dismiss a Scranton law firm’s contract litigation against JPMorgan Chase Bank without prejudice, pending the finalization of a settlement which counsel says is already agreed to in principle.
U.S. government ordered to pay half of Temple University Hospital's $8 million birth injury lawsuit settlement
PHILADELPHIA – The U.S. government is responsible for half the cost of an $8 million settlement in a birth injury lawsuit involving Temple University Hospital, says a federal judge.
Judge overrules plaintiff objections in fatal tree removal accident lawsuit
PHILADELPHIA – A state court judge has overruled preliminary objections filed by a plaintiff who says a group of companies designed and sold equipment that was responsible for her late husband’s fatal accident during his tree removal job.
Motorist reinstates complaint against Uber driver and parent company for injury-related liability
PHILADELPHIA – Counsel for a Philadelphia motorist suing an Uber driver and the ride-hailing company for injuries she says she suffered in an automobile accident in the city last summer, are seeking to reinstate the issuance of the complaint.
Loan servicing company did not violate TCPA in trying to collect college class payments
HARRISBURG – A federal judge has decided that a loan servicing company did not violate the Telephone Consumer Protection Act (TCPA) in its attempt to collect on an education loan-related debt from one of its customers.
Luzerne County judge cites Right To Farm Act and rules to dismiss neighbors' nuisance complaints
WILKES-BARRE – A state court judge cited Pennsylvania’s Right To Farm Act (RTFA) in recently dismissing a case from neighbors who filed a lawsuit over the use of liquid swine manure as part of the defendants' farming operations.
Third Circuit agrees with lower court that Rooker-Feldman doctrine precludes claims in FDCPA case
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
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
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.