Nicholas Malfitano News

Client conflict leads to appearance withdrawal hearing in slip-and-fall case

By Nicholas Malfitano | May 17, 2016

PHILADELPHIA – Subsequent to a short continuance, an attorney for a day care facility involved in a premises liability lawsuit is still attempting to withdraw his appearance, citing a conflict with his client.

NDA breach and copyright infringement case will remain in federal court; remand motion dismissed

By Nicholas Malfitano | May 17, 2016

PHILADELPHIA – A lawsuit between two companies involving allegations of breach of a non-disclosure agreement, fraud misappropriation and copyright infringement will not be returning to the Montgomery County Court of Common Pleas.

City of Philadelphia dismissed from arrest-related lawsuit alleging federal and state law violation claims

By Nicholas Malfitano | May 17, 2016

PHILADELPHIA – The City of Philadelphia has been dismissed from a civil rights complaint alleging various constitutional and state law violations against the City, the Philadelphia Police Department and several unidentified department officers.

Montgomery County Court's Domestic Relations Compliance Unit did not violate man's due process

By Nicholas Malfitano | May 17, 2016

PHILADELPHIA – Per a recent decision from the U.S. Court of Appeals for the Third Circuit, a civil lawsuit filed against the Domestic Relations Compliance Unit of the Montgomery County Court of Common Pleas remains dismissed.

Accident complaint versus New Jersey Transit dismissed for lack of subject matter jurisdiction

By Nicholas Malfitano | May 17, 2016

PHILADELPHIA – A Pennsylvania plaintiff’s complaint against New Jersey Transit and one of its bus drivers was recently dismissed without prejudice from the Philadelphia County Court of Common Pleas, in order to allow future re-filing in a more “appropriate forum.”

Third Circuit dismisses complaint filed versus BNY Mellon, City of Philadelphia and others

By Nicholas Malfitano | May 11, 2016

PHILADELPHIA – On May 5, a federal appellate court dismissed a litigant’s fourth attempt at alleging numerous charges against Bank of New York Mellon, the City of Philadelphia, Prudential Fox & Roach Realtors and Bay View Loan Services, related to her home ownership.

Not exhausting administrative remedies leads to loss in discrimination suit against U.S. Postal Service

By Nicholas Malfitano | May 11, 2016

PHILADELPHIA – A former mail clerk from the United States Postal Service (USPS) who alleged discrimination and wrongful termination against the agency has had her claim defeated in federal court, due to not exhausting her administrative remedies.

Amtrak whistleblower alleged "plausible" claims, Philly federal court decrees

By Nicholas Malfitano | May 11, 2016

PHILADELPHIA – A former Amtrak employee who claimed he was fired in violation of the Federal Rail Safety Act (FRSA) for being a company whistleblower, has defeated an Amtrak motion to dismiss his case.

Pittsburgh man's lawsuit against FBI deemed frivolous and dismissed

By Nicholas Malfitano | May 11, 2016

PHILADELPHIA – A Pittsburgh man’s litigation against the Federal Bureau of Investigation and its director has now twice been termed as “frivolous” and meritless litigation.

Defense in car crash case seeking dismissal or transfer to Wayne County court

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Defense counsel in a car crash lawsuit are arguing for a dismissal of the complaint, or alternatively, a transfer of the case to Wayne County.

Insurance coverage clause necessitates defense counsel's withdrawal from slip-and-fall case

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Defense counsel in an icy slip-and-fall action have chosen to withdraw from the lawsuit, due to a coverage clause in their client’s insurance policy.

Plaintiff counsel seeking to exit car crash litigation over differences in trial strategy

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Plaintiff counsel in a Philadelphia car crash action is seeking to leave the lawsuit connected to the accident, over differences of opinion in trial strategy with his client.

Irreconcilable differences lead counsel to leave false arrest lawsuit

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Citing irreconcilable differences, a plaintiff attorney involved with an alleged false arrest case is seeking to exit the lawsuit connected with that incident.

Plaintiff's attorney leaves case against SEPTA

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Plaintiff counsel for a woman injured in an accident aboard a Southeastern Pennsylvania Transportation Authority (SEPTA) trolley is leaving the lawsuit connected with that accident, citing “irreconcilable differences.”

Defense counsel seeks approval of preliminary objections and docket corrections

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – Motions for preliminary objections and to correct docket information in the record have been filed in a condominium complex slip-and-fall case.

Counsel leaves slip-and-fall litigation involving Philadelphia day care facility

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – An attorney for a day care facility involved in a premises liability lawsuit has elected to withdraw his appearance, citing a conflict with his client.

Third Circuit: SCRA does not nullify collection of delinquent tax money owed to City of Philadelphia

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – A former enlisted member of the U.S. Army Reserve who sued the City of Philadelphia in connection with an assessment of delinquent taxes on property he and his spouse rented during his tour of active duty has lost his case, a federal appellate court ruled last Wednesday.

Defendants have 'no proximate cause' in accidental death at Dorney Park

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – According to a federal appellate court, a trial court was correct in determining a number of defendants had no proximate relation to the accidental death of an employee of Dorney Park & Wildwater Kingdom in Allentown.

Uber retains counsel in antitrust litigation, is granted extension in Philadelphia federal court

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – According to a federal judge, Uber Technologies, Inc. has been granted a two-week extension to respond to an antitrust lawsuit filed against it in March by the Philadelphia Taxi Association.

Appeals court dismisses retaliation suit from former server at Harrah's Chester Casino and Racetrack

By Nicholas Malfitano | May 9, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit ruled a woman’s claims of unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the Family and Medical Leave Act (FMLA) against Harrah’s Chester Casino & Racetrack were once again dismissed through a grant of summary judgment.

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