Nicholas Malfitano News

Target fights trip-and-fall lawsuit, wins dismissal

By Nicholas Malfitano | Feb 24, 2016

PHILADELPHIA – A federal judge has dismissed a suit filed by a woman who claimed she suffered knee injuries in a fall at a King of Prussia Target store.

Third Circuit cites inadequacy of convicted robber's counsel in granting relief

By Nicholas Malfitano | Feb 24, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit affirmed a federal court decision granting habeas corpus relief to an inmate serving a life sentence in a Pennsylvania prison for a fatal armed robbery.

Negligence case co-defendant may be liable for sanctions, says City of Philadelphia

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – A hearing has been slated for a negligence case co-defendant, in order for them to show why they should not be subject to additional sanctions.

Chicken restaurant owner ordered to appear in sanction hearing for slip-and-fall suit

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – The operator of a Philadelphia fried chicken restaurant, a co-defendant in a slip-and-fall suit, will have an opportunity to show why he should not be liable for sanctions, which the City of Philadelphia seeks to levy against him.

City believes defendant is liable for nearly $100K judgment in hair salon premises liability action

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – The City of Philadelphia believes a premises liability co-defendant is both liable for a judgment of nearly $100,000, and subject to additional sanctions.

Premises liability suit between Philly woman and Chadds Ford apartment complex is settled

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – A premises liability injury case involving a Philadelphia woman and a Chadds Ford-based apartment complex along with other related entities, has been settled, according to court records.

Federal court denies Chinese stainless steel company's motion for injunction

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – A Chinese stainless steel manufacturer has had its motion for a temporary restraining order and injunctive relief in a breach of contract action denied in federal court.

State Police face lawsuit over arrest following shooting of two troopers

By Nicholas Malfitano | Feb 23, 2016

HARRISBURG – A Clarks Summit man is alleging unlawful seizure, wrongful arrest and false imprisonment against the Pennsylvania State Police.

Superior Court upholds trial court finding of no monetary damages in car accident case

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – The Superior Court of Pennsylvania affirmed a judgment from the Montgomery County Court of Common Pleas, of no monetary damages to one of the parties involved in a 2009 car accident case.

Judge transfers suit over 3-D imaging during CONCACAF Gold Cup

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – Per order of a federal judge, a patent infringement lawsuit between a pair of 3-D signage companies and a trio of foreign defendants is being transferred to U.S. District Court for the Southern District of Florida.

District Court denies class certification in suit against City of Philadelphia for parking fees

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A federal court has denied certification to a plaintiff seeking to establish a class action lawsuit against the City of Philadelphia for allegedly improperly collected parking fees.

Superior Court upholds prior $10K judgment against Citibank card-holder

By Nicholas Malfitano | Feb 18, 2016

PITTSBURGH – A prior-decided $10,000-plus judgment against a financial entity’s cardholder will stand, according to the Superior Court of Pennsylvania.

Default judgment awarded to Department of Labor against Yardley law firm

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A federal judge has awarded a default judgment to the Department of Labor, against a Yardley law firm that allegedly did not forward its employees’ 401K payments, in violation of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Federal court finds no Monell violation from Philly parking enforcement officer

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A man who alleges he was falsely arrested and detained after a supposed altercation with a Philadelphia Parking Authority officer has had claims of a Monell violation dismissed, through a motion of summary judgment found for the defense.

Local salvage company proprietor may face incarceration for failure to pay settlement, sanction costs

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – The proprietor of a local salvage company may face immediate incarceration, for failing to fulfill the remaining balance of a settlement award and subsequent sanctions in a personal injury case.

CSX seeks to vacate settlement with injured employee

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A former railroad worker’s alleged failure to sign and return a settlement agreement has his former employer seeking to strike the settlement and dismiss his complaint in its entirety.

Sidewalk fall case involving New York couple settled in advance of arbitration hearing

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A premises liability suit from a Brooklyn, N.Y. couple against several defendants based on an injuries fall occurring in December 2011 has been settled, per a praecipe from counsel for the couple.

Injury suit between N.J. woman and Philly restaurant settled

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – As of Wednesday, a premises liability suit between a Cherry Hill, N.J. woman and the Continental Midtown Restaurant in Philadelphia has been settled.

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.

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