Nicholas Malfitano News

Firefighter pictured in sex scandal article loses libel claims against Daily News, appeals

By Nicholas Malfitano | May 21, 2015

PHILADELPHIA – Per the order of a federal judge, the libel lawsuit brought by a Philadelphia firefighter against the New York Daily News earlier this year has been dismissed, though court records indicate he has appealed that verdict.

Judge rules against Philly inmate who fled during strip search; Prisoner was seeking more than $150K

By Nicholas Malfitano | May 21, 2015

PHILADELPHIA – On May 4, on their second attempt, the City of Philadelphia and other defendants won a motion for summary judgment against an incarcerated man who claims he was subjected to an unlawful strip search and other civil rights violations.

Woman alleging wrongful termination under False Claims Act settles case against Abington Memorial

By Nicholas Malfitano | May 21, 2015

PHILADELPHIA – A Montgomery County woman who said she lost her job at Abington Memorial Hospital as retaliation for her blowing the whistle on the health care center’s alleged practice of submitting false claims to Medicare has settled her lawsuit.

Attorney withdrawing from representation of apparently absentee plaintiff

By Nicholas Malfitano | May 20, 2015

PHILADELPHIA – The counsel for a plaintiff who filed a writ of summons in June 2014 for an alleged fall sustained at a Philadelphia Dollar Tree store location is seeking to withdraw their appearance, according to court records.

Plaintiffs attorneys withdrawing from slip-and-fall suit after learning of plaintiff's passing

By Nicholas Malfitano | May 20, 2015

PHILADELPHIA – Lawyers for the estate of a woman who filed suit against a grocery store where she suffered a fall in 2013 have petitioned to withdraw their appearance, subsequent to their learning of the plaintiff’s passing last year.

Employee's reception of Workman's Comp benefits at issue in negligence suit

By Nicholas Malfitano | May 20, 2015

PHILADELPHIA – A construction firm that is the target of a negligence lawsuit has filed a motion for summary judgment, claiming the reception of Workman’s Compensation funds by one of the suit’s plaintiffs precludes him from making any further claims.

Defendants fighting to transfer slip-and-fall cases out of Philadelphia

By Nicholas Malfitano | May 20, 2015

PHILADELPHIA – Hearings to determine proper venue have been set in the case of an East Norriton man suing an apartment complex management company for a fall he allegedly suffered on their property, and for a Philadelphia man who initiated litigation for a fall he supposedly sustained at an office park in Bala Cynwyd.

Car crash plaintiff with small settlement motions to dispense funds

By Nicholas Malfitano | May 19, 2015

PHILADELPHIA – The counsel representing a plaintiff awarded a settlement of over $3,000 as a result of a 2010 motor vehicle accident has motioned for their client to sign a Schedule of Release, dictating those funds be dispensed to a number of entities to whom those funds are owed.

Apartment complex fighting $50K arbitration award in trip-and-fall case

By Nicholas Malfitano | May 19, 2015

PHILADELPHIA – An apartment complex found through arbitration to owe a $50,000 judgment to a former tenant who alleges he fell on its property has petitioned to vacate that ruling in the Philadelphia County Court of Common Pleas.

Philly firm unsuccessful in keeping NTSB from posting plane crash findings, loses wrongful death suit

By Nicholas Malfitano | May 19, 2015

PHILADELPHIA – A Philadelphia law firm seeking injunctive relief and a temporary restraining order against the National Transportation Safety Board (NTSB) has had its requests denied by a Philadelphia federal judge.

Judge transfers defamation suits filed by fired Yellowbook employees over CEO's email

By Nicholas Malfitano | May 18, 2015

PHILADELPHIA – Separate defamation lawsuits filed by the former ex-president and head of operations for a struggling publishing company over an email issued to thousands of employees by the CEO which they say falsely accused them of disloyalty have been transferred.

Former Temple athlete files for judgment in lawsuit over alleged bullying

By Nicholas Malfitano | May 18, 2015

PHILADELPHIA – Last month, a woman who alleged she suffered harassment, gender-based discrimination and sexual harassment at the hands of Temple University athletic officials filed a motion for summary judgment on all claims in her lawsuit.

Copyright infringement suit against Led Zeppelin over 'Stairway to Heaven' transferred

By Nicholas Malfitano | May 14, 2015

PHILADELPHIA – Much like the protagonist in one of their best known songs, a copyright infringement lawsuit filed against iconic British rock band Led Zeppelin is “Going to California,” per an order handed down by a Pennsylvania federal judge.

Judge denies lead plaintiff's attempt to avoid deposition in class action against CVS

By Nicholas Malfitano | May 14, 2015

PHILADELPHIA – On May 7, the U.S. District Court for the Eastern District of Pennsylvania denied a motion that would’ve kept the chief representative in a class action lawsuit from being questioned by the defendant.

Philadelphia dismissed from lawsuit over death of 12-year-old who didn't receive asthma meds at school

By Nicholas Malfitano | May 14, 2015

PHILADELPHIA – A federal judge recently dismissed the City of Philadelphia as a defendant in an ongoing wrongful death lawsuit over whether the presence of a nurse to administer inhaler medication would have prevented the September 2013 death of a sixth-grade student.

Pa. class action against Rust-Oleum over Restore product transferred

By Nicholas Malfitano | May 14, 2015

PHILADELPHIA – A Pennsylvania class action complaint regarding the quality of products from a major paint manufacturer has been transferred to an Illinois federal court.

Comcast settles class action brought by former worker seeking overtime pay for $454K

By Nicholas Malfitano | May 14, 2015

PHILADELPHIA – On April 14, Comcast Corp. settled a class action lawsuit alleging the cable giant violated the Fair Labor Standards Act when it failed to pay overtime wages to a large number of employees at its Horsham location.

Lawsuit over fall at Sheraton parking garage set for arbitration

By Nicholas Malfitano | May 13, 2015

PHILADELPHIA – A Philadelphia woman has sued the Sheraton Philadelphia Hotel and local parking garage management company for negligence over injuries she allegedly sustained in a fall nearly two years ago.

Parx Casino doesn't want lawsuit against it in Philadelphia; Plaintiff says it advertises as a 'Philly attraction'

By Nicholas Malfitano | May 13, 2015

PHILADELPHIA – A man’s negligence lawsuit against a local casino and gaming establishment has launched a vigorous debate over the proper venue where the case is to be heard, according to court records.

Slip-and-fall against Martin's grocery store set for arbitration

By Nicholas Malfitano | May 13, 2015

PHILADELPHIA – A woman who claims a fall she suffered in a Royersford grocery store left her with serious injuries has filed suit against the store chain in the Philadelphia County Court of Common Pleas, and it will soon be heard by an arbitrator.

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