Nicholas Malfitano News

Disability pension case for Lower Salford police officer remanded to trial court

By Nicholas Malfitano | Apr 6, 2016

HARRISBURG – Last Friday, the Commonwealth Court of Pennsylvania reversed a trial court decision from the Montgomery County Court of Common Pleas, in remanding for further proceedings a disability pension case involving a former police officer from Lower Salford Township.

Third Circuit says unaccepted settlement offer has no force in potential class action

By Nicholas Malfitano | Apr 6, 2016

PHILADELPHIA – A federal appeals court has thrown out a motion to dismiss in a potential class action lawsuit involving a Brooklyn physician and the Swiftwater-based vaccination division of the Sanofi pharmaceutical company.

Insurance indemnity case not going back to state court

By Nicholas Malfitano | Apr 6, 2016

PHILADELPHIA – An insurance indemnity case is not headed back to state court, per the U.S. District Court for the Eastern District of Pennsylvania.

Spouse of defendant in sexual harassment case will not be subject to deposition

By Nicholas Malfitano | Apr 5, 2016

PHILADELPHIA – Per a federal court ruling, a protective order has been granted in a sexual harassment case that prevents a defendant’s spouse from providing a deposition in this matter.

School District of Philadelphia still required to pay attorneys fees, Third Circuit says

By Nicholas Malfitano | Apr 5, 2016

PHILADELPHIA – The financial condition of the School District of Philadelphia, among other reasons, was not enough to convince the U.S. Court of Appeals for the Third Circuit to overturn an award of attorneys fees issued by a trial court in an administrative due process action.

City of Philadelphia granted summary judgment on false imprisonment and assault claims

By Nicholas Malfitano | Apr 5, 2016

PHILADELPHIA – The City of Philadelphia has been granted summary judgment on claims brought by a paraplegic man who claims Philadelphia police officers falsely imprisoned and assaulted him.

Third Circuit: Washington Crossing Inn did not fire former banquet manager for age discrimination

By Nicholas Malfitano | Apr 5, 2016

PHILADELPHIA – A former banquet manager at the Washington Crossing Inn has not overcome a prior ruling of summary judgment made in favor of her prior employer, a federal appeals court declared.

Counsel disputes preliminary objections in apartment slip-and-fall case

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – A dispute over preliminary objections marks an apartment slip-and-fall proceeding in the Philadelphia County Court of Common Pleas.

Judge denies transfer motion in Harrisburg accidental drowning lawsuit

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – A motion to transfer a negligence lawsuit revolving around a teenager’s accidental drowning has been denied by a judge in the Philadelphia County Court of Common Pleas.

Plaintiff counsel withdraws from trip-and-fall lawsuit citing client conflict

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – Citing a conflict with his client, a plaintiff attorney has withdrawn from a slip-and-fall lawsuit whose subject action took place at a Philadelphia residence.

Reconsideration motions approved in former carpenter's action against adhesive production companies

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – A pair of motions for reconsideration have been approved, in a former carpenter’s lawsuit against companies who manufactured adhesive products he says caused his cancer diagnosis.

City still in pursuit of sanctions versus defendant in nearly $100K hair salon premises liability case

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – The City of Philadelphia continues to pursue sanctions against a co-defendant in a premises liability case which yielded a judgment of nearly $100,000.

City of Philadelphia still seeking sanctions against chicken restaurant owner

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – The operator of a Philadelphia fried chicken restaurant remains the subject of a hearing for sanctions, which the City of Philadelphia seeks to levy against him.

Judge weighing motions in case over ATV accident at Dorney Park

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – A trio of separate motions are being considered in a lawsuit involving Allentown’s Dorney Park & Wildwater Kingdom water park and its contractors against a man whose leg was crushed and amputated in an accident.

Hearing regarding crash case's cancelled arbitration sessions continued to late April

By Nicholas Malfitano | Apr 1, 2016

PHILADELPHIA – A hearing connected to cancelled arbitration sessions in a motorcycle crash case has been moved back until late April, according to the Philadelphia County Court of Common Pleas.

EPA sanctions Reading chemical plant owner for alleged oil and hazardous waste storage violations

By Nicholas Malfitano | Mar 30, 2016

PHILADELPHIA – The Environmental Protection Agency (EPA) announced Monday the owner and operator of a Reading-based chemical repackaging and distribution plant will be subject to financial penalties, connected to alleged oil and hazardous waste storage violations.

Federal appeals court rules Zurich must provide up to $1 million in uninsured motorist coverage

By Nicholas Malfitano | Mar 29, 2016

PHILADELPHIA – An insurance company is still liable for a payout of up to $1 million in uninsured motorist coverage, to a man who suffered injuries in a vehicle accident two and a half years ago.

District Court partially dismisses counts from civil rights action against City of Chester and its police department

By Nicholas Malfitano | Mar 29, 2016

PHILADELPHIA – A Philadelphia federal court has dismissed several counts from a lawsuit alleging civil rights violations on the part of the City of Chester and two of its police officers.

Third Circuit rules district court clerk permitted to enter judgment in harassment action

By Nicholas Malfitano | Mar 29, 2016

PHILADELPHIA – Last Wednesday, the U.S. the U.S. Court of Appeals for the Third Circuit affirmed a District Court ruling allowing its clerk to enter judgment in a sexual harassment action against a Pennsylvania university.

Third Circuit labels Philly man's lawsuit as 'frivolous'

By Nicholas Malfitano | Mar 29, 2016

PHILADELPHIA – A federal appeals court has determined an area’s man civil rights lawsuit against the City of Philadelphia and a variety of state and federal judges and other government entities and individuals is “frivolous” and subject to dismissal.

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