Nicholas Malfitano News

Judge: Lukoil entitled to move on from bankrupt franchisee

By Nicholas Malfitano | May 7, 2015

PHILADELPHIA – A struggling gas station franchise owner’s application for preliminary injunctive relief under the Petroleum Marketing Practices Act (PMPA) was denied in federal court last week.

Judge gives more time to notice class members of $320K Trumark settlement

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – A motion to amend preliminary approval of a $320,000 class action settlement with Trumark Financial Credit Union was approved by a Philadelphia County Court of Common Pleas judge last week.

Defense says wrong driver named in car wreck lawsuit, asking court for judgment

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – The alleged failure of a Philadelphia couple’s attorney to name the correct driver of a vehicle they claim struck them in a July 2012 car crash on I-76 West in Philadelphia has their Philadelphia Court of Common Pleas lawsuit in jeopardy.

Md. property owners say no one ever told them about eight-year-old arbitration award

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – Philadelphia property owners who reside in Maryland claim they were never notified of an eight-year old arbitration judgment entered against them for more than $47,000 in a negligence case in which they were the named defendants.

Notice of $25K arbitration judgment sent to wrong address, defendant claims

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – A Philadelphia man who had a $25,000 arbitration judgment entered against him in December claims he wasn’t served with proper notice of the decision and has asked the Philadelphia County Court of Common Pleas to strike it.

Sidewalk trip-and-fall plaintiff doesn't want to give defendants access to medical, psychiatric records

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – A man suing Subway, Comcast, Verizon and the City of Philadelphia over a sidewalk fall in November 2012 has filed a motion for reconsideration of a judge’s ruling that forces him to comply with a defense request for his medical and psychiatric care records.

Car wreck plaintiff wants second crack at arbitration after missing meeting

By Nicholas Malfitano | May 5, 2015

PHILADELPHIA – All parties involved in a motor vehicle accident case missed a December arbitration meeting intended to finalize a damages amount, which may result in the matter being going from the Philadelphia Court of Common Pleas back to arbitration.

Former Downingtown High East soccer player's lawsuit against coach over head injury dismissed

By Nicholas Malfitano | May 4, 2015

PHILADELPHIA – A federal judge has dismissed an Upper Uwchlan couple’s lawsuit filed against Downingtown High School East and its girls soccer coach Craig Reed over their daughter’s head injury.

George W. Hill corrections officer loses two of four claims in discrimination case

By Nicholas Malfitano | May 4, 2015

PHILADELPHIA – On April 20, a federal court judge dismissed allegations of race-based discrimination made by an African-American union leader and corrections guard employed at George W. Hill Correctional Facility in Thornton, but surviving are her claims of a hostile work environment and retaliation .

Judge denies Renaissance Hotel's motion for judgment in case of security guard who tripped

By Nicholas Malfitano | May 4, 2015

PHILADELPHIA – A hotel’s motion for summary judgment against a security guard who was allegedly injured on its premises was recently denied by a federal judge.

Judge won't give discrimination plaintiff more time to prepare to depose GSK witnesses

By Nicholas Malfitano | May 1, 2015

PHILADELPHIA – A woman who claims to have been forced to resign from her job due to both gender and age discrimination had a motion to change a scheduling order denied in federal court last week.

Judge won't dismiss lawsuit filed by former William Allen High student's lawsuit over alleged beating

By Nicholas Malfitano | May 1, 2015

PHILADELPHIA – A Lehigh man’s lawsuit against four former fellow students he claimed beat him so severely it left him with both physical and mental injuries has survived a motion filed by the Allentown School District to dismiss claims against it of knowing and not reporting or acting on prior assaults made by the individuals who allegedly attacked the plaintiff.

Judge dismisses several counts, defendants from inmate's civil rights lawsuit

By Nicholas Malfitano | May 1, 2015

PHILADELPHIA – A federal judge has largely dismissed a Bucks County Correctional Facility inmate’s civil rights lawsuit against the Central Bucks Regional Police Department and various members of its ranks.

Liberty Mutual too late with removal petition in car crash case, judge rules

By Nicholas Malfitano | Apr 30, 2015

PHILADELPHIA – The roundabout route of a New Jersey man’s lawsuit against a major insurance provider has sent the case back to state court for a second time, according to an opinion issued April 23 by a Philadelphia federal judge.

Judge won't allow punitive damages claim to proceed in hurt worker's case against N.J. developer

By Nicholas Malfitano | Apr 30, 2015

PHILADELPHIA – The U.S. District Court for the District of Pennsylvania has dismissed a claim for punitive damages made by a New Jersey tractor-trailer driver against a Pennsylvania-based real estate developer.

Negligence claim against M&T Bank dismissed in dispute over $425K investment for student housing project

By Nicholas Malfitano | Apr 30, 2015

PHILADELPHIA – A federal court judge has granted a M&T Bank’s motion to dismiss negligence claims against it, but retained charges for alleged conversion of a financial instrument and banking violations of the Pennsylvania Commercial Code (PCC).

HIV-positive plaintiff doesn't want medical history submitted in trip-and-fall case against Temple Univ.

By Nicholas Malfitano | Apr 29, 2015

PHILADELPHIA – An HIV-positive man suing Temple University over an alleged fall suffered on the Temple University campus is seeking to prevent his medical diagnosis from being entered into evidence against him by the defense.

Motions in two cases alleging violence by overserved bar patrons scheduled for hearings

By Nicholas Malfitano | Apr 29, 2015

PHILADELPHIA – A pair of lawsuits involving customers at local tavern establishments allegedly being assaulted by fellow patrons who were overserved will have motions come before the Philadelphia County Court of Common Pleas this week.

Children's Hospital seeks to keep plaintiff's expert off stand in case of infant's bacterial meningitis

By Nicholas Malfitano | Apr 29, 2015

PHILADELPHIA – A Philadelphia woman’s lawsuit against the Children’s Hospital of Philadelphia (CHOP) and four of its doctors, alleging they caused her then-six-and-a-half-month-old son to contract meningitis and suffer brain damage, will have a Frye hearing to determine the admissibility of medical evidence on Wednesday morning.

Search for forklift, last seen in Canada, could delay Philly lawsuit over alleged workplace injury

By Nicholas Malfitano | Apr 29, 2015

PHILADELPHIA – Issues of a missing forklift and the scheduling availability of future depositions may require a 90-day extension of the discovery period in a case of alleged negligence filed by a former forklift operator.

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