Nicholas Malfitano News

Third Circuit cites Rooker-Feldman doctrine in barring state court judgment appeal

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – One party’s attempt to appeal the dismissal of a complaint challenging judgment levied against him in a state court mortgage foreclosure action is barred by the Rooker-Feldman doctrine.

State Farm did not act in bad faith when handling couple's underinsured motorist claim

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has turned away a couple’s argument that State Farm Mutual Insurance Company acted in bad faith in handling their claim for underinsured motorist (UIM) benefits.

Fraud and conversion claims dismissed against company that planned Papal visit campground

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – A federal court in Philadelphia has dismissed claims of fraud and conversion against an event planning company tasked with operating a campground in the city, during the visit of Pope Francis last fall.

Third Circuit dismisses judicial fraud complaint and related recusal motion

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a ruling from a lower federal court which both prevented a recusal motion from proceeding and dismissed a judicial fraud complaint in its entirety.

Equal protection charge filed against City of Philadelphia over trash collection fee dismissed

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – A multi-unit property owner who filed a federal complaint alleging the City of Philadelphia violated the Equal Protection Clause of the Fourteenth Amendment has had that charge dismissed.

PennDOE's request to review U.S. Department of Education financial recovery order denied

By Nicholas Malfitano | Mar 16, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently denied a petition from the Pennsylvania Department of Education to review an amount owed to the U.S. Department of Education for misuse of federal funds.

Irreconcilable differences with client leads to attorney's withdrawal from supermarket slip-and-fall lawsuit

By Nicholas Malfitano | Mar 14, 2016

PHILADELPHIA – Plaintiff counsel for a woman injured in a Darby supermarket is seeking to leave the lawsuit due to irreconcilable differences with his client.

Home improvement company's counsel seeking to exit breach of contract litigation

By Nicholas Malfitano | Mar 14, 2016

PHILADELPHIA – Defense counsel is seeking to leave a breach of contract litigation, citing an “unreasonable financial burden” placed upon them by their client.

Pursuit of sanctions in old case deemed moot by Philly judge

By Nicholas Malfitano | Mar 14, 2016

PHILADELPHIA – The Philadelphia County Court of Common Pleas has labeled the pursuit of sanctions against a fellow defendant in a premises liability lawsuit as moot.

Rowing volunteer's signature on release waiver should nullify suit, defense counsel argues

By Nicholas Malfitano | Mar 14, 2016

PHILADELPHIA – Attorneys for a number of rowing organizations and the City of Philadelphia want a granting of summary judgment and the dismissal of claims brought by a woman who was allegedly injured in her volunteer work with those groups.

Allegheny County law enforcement did not violate man's rights in denying firearms application

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – Law enforcement authorities in Allegheny County did not violate a Swissvale man’s constitutional rights, in denying an application regarding the restoration of his right to own firearms.

Female SEPTA director loses discrimination case

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – A federal appeals court determined a female employee was not discriminated against based on her gender, when she was not selected for the position of Director of Railroad Service Operations at the Southeastern Pennsylvania Transportation Authority (SEPTA).

City councilman granted summary judgment in developer's land sale complaint

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – A city councilman has won summary judgment in a complaint alleging he violated a real estate company’s constitutional right to equal protection by improperly influencing the sale of City-owned land, and depriving the plaintiff of the opportunity to participate in a competitive bidding process.

Former PHA plasterer given additional opportunity to prove claims against group

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – According to a federal court, a former plasterer with the Philadelphia Housing Authority was not able to prove a residency requirement associated with an in-house role was the pretext for his employment termination.

Judge renders sanctions hearing moot after non-appearance of parties

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – A judicial order from the Philadelphia County Court of Common Pleas has rendered the seeking of sanctions against a co-defendant in a premises liability lawsuit first filed nearly a decade ago, as moot.

Injury action against energy, steel companies granted conference continuance

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – A continuance has been ordered for a case management conference in a personal injury case against an energy company and a steel company.

Slip-and-fall lawsuit against Rite Aid refused transfer to Berks County

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – A premises liability case against Rite Aid will not be headed to Berks County, according to a recent decision in the Philadelphia County Court of Common Pleas.

Philly court grants motion for writ of seizure to PECO Energy Company

By Nicholas Malfitano | Mar 10, 2016

PHILADELPHIA – Counsel for PECO Energy Company has been granted permission and assistance from the City of Philadelphia to repossess its property from a pair of defendants.

Third Circuit says former Merck pipefitter fails to prove ethnic, disability discrimination

By Nicholas Malfitano | Mar 9, 2016

PHILADELPHIA – Two federal courts have now ruled Merck & Company did not discriminate against one of its pipefitters on the basis of his perceived disability and Puerto Rican heritage.

Sale of hotel business and property not fraudulent, appeals court says

By Nicholas Malfitano | Mar 9, 2016

PHILADELPHIA – In accordance with the U.S. District Court for the Middle District of Pennsylvania, a federal appeals court also granted summary judgment to the defendants in a property case revolving around alleged fraudulent misrepresentation and fraudulent inducement.

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