Nicholas Malfitano News

Sears wins slip-and-fall case over 'unusually shiny' floor

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A motion for summary judgment has been granted for Sears Roebuck, Inc. in the U.S. District Court for the Eastern District of Pennsylvania, in a slip-and-fall negligence suit filed against the department store company.

Credit One secures motion to dismiss and compel arbitration with cardholder

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – After having its motion to dismiss and compel arbitration against one of its cardholders initially denied, a renewed motion using additional discovery evidence proved successful for Credit One Financial.

U.S. District Court dismisses Philly convenience store's breach of contract claim against Utica Insurance

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A Philadelphia convenience store has had its breach of contract suit against a New York-based insurance provider dismissed by a federal judge.

Philadelphia federal court sends breach of contract case to Michigan

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A breach of contract suit between a Pennsylvania safety equipment distributor and a Michigan shoring products manufacturer is heading to federal court in Michigan.

Third Circuit Court strikes down consultant's breach of contract, unjust enrichment claims

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit affirmed a decision from the U.S. District Court for the Western District of Pennsylvania on Friday, in a breach of contract case involving a manufacturing business and their former consultant.

Commonwealth Court dismisses petition to keep Wilson College gender-separated

By Nicholas Malfitano | Feb 17, 2016

HARRISBURG – Due to “lack of standing”, the Commonwealth Court of Pennsylvania has denied a petition from four female alumnae of Wilson College, who appealed a Pennsylvania Department of Education order allowing the school to become fully coeducational.

Third Circuit overturns judgment in excessive force case

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A prior-approved summary judgment motion in an excessive force action has been vacated by the U.S. District Court for the Western District of Pennsylvania.

Preliminary injunction hearing in towing company case continued to Friday

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A rule hearing on a preliminary injunction has been continued until this Friday, in order to give a Philadelphia-area towing company and its owner time to secure new counsel.

Counsel for plaintiffs suing for SEPTA bus-motor vehicle accident leaving litigation

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Plaintiff counsel for a man injured in a SEPTA bus collision with another vehicle has exited the litigation, citing a breakdown in communication with his client.

PECO seeks judgment and City assistance in repossessing electric equipment

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Counsel for PECO Energy Company is seeking official permission and assistance from the City of Philadelphia to repossess its property from a pair of defendants.

Philadelphia court names beer distributor liable for nearly $23K in damages

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – A beer distribution business named in a slip-and-fall action is liable for nearly $23,000 in damages, according to an order from the Philadelphia County Court of Common Pleas.

Connecticut auto dealer files suit against Philadelphia towing company, owner

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – A Connecticut automobile distribution business has initiated legal action this week against a Philadelphia-based towing company and its owner, leading to a rule hearing on a preliminary injunction last Friday.

Attorney leaves slip-and-fall negligence suit versus City of Philadelphia

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Irreconcilable differences with his client have left a Philadelphia attorney no choice but to withdraw from a slip-and-fall litigation against the City of Philadelphia.

N.J. Transit bus accident lawsuit from Pa. plaintiff sees jurisdiction dispute

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Attorneys for New Jersey Transit and one of its bus drivers believe a motor vehicle accident case should be heard in a New Jersey Superior Court, and not the Philadelphia County Court of Common Pleas.

Parents suing antidepressant manufacturer for daughter's birth defects seek to end litigation

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Biological parents of a minor child born with birth defects allegedly as a result of her mother’s use of an antidepressant drug who sued the drug’s manufacturers, have filed a motion to discontinue the litigation entirely.

Federal judge says corporate negligence not applicable in motor vehicle accident case

By Nicholas Malfitano | Feb 11, 2016

ALLENTOWN – A federal judge has rejected the majority of claims made by a man who sued a trucking company for negligence and damages relating to a 2013 motor vehicle accident.

Federal court dismisses majority of New York man's claims against Boilermakers Union

By Nicholas Malfitano | Feb 11, 2016

PHILADELPHIA – A New York man who sued his union for work-related injuries and subsequent retaliation and other claims has recently lost the majority of those claims in federal court.

Federal court denies award of total disability benefits to Federal Express employee

By Nicholas Malfitano | Feb 11, 2016

PHILADELPHIA – Aetna Life Insurance Company recently won a motion for summary judgment in federal court, versus a Federal Express employee who filed suit to challenge the denial of his long-term total disability benefits.

Third Circuit dismisses fraudulent investment claims from former Major Leaguer Jaret Wright

By Nicholas Malfitano | Feb 11, 2016

PHILADELPHIA – A former Major League Baseball pitcher who sued his financial advisors for allegedly making fraudulent investments and lost motions on his case in federal court, has had those dismissals upheld.

Federal court finds former restaurant owners not liable for illegal boxing match broadcast

By Nicholas Malfitano | Feb 11, 2016

PHILADELPHIA – A federal court has ruled a pair of former restaurant owners cannot be held liable for the illegal exhibition of a televised boxing match at their former establishment nearly four years ago.

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