Nicholas Malfitano News

Federal court partially dismisses impropriety claims against Kia dealership, class status in question

By Nicholas Malfitano | Feb 1, 2016

PHILADELPHIA – A judge in the U.S. District Court for the Eastern District of Pennsylvania has dismissed one part of the claims related to a putative class action suit against a local retail automobile dealership.

Judge affirms $44K post-trial costs against Galaxy Products & Services

By Nicholas Malfitano | Feb 1, 2016

A federal court judge has affirmed a determination regarding the taxes levied upon a plaintiff who came out on the losing end of a fraud action.

Defense granted stay of proceedings before judgment hearing

By Nicholas Malfitano | Jan 28, 2016

PHILADELPHIA – After pointing to holiday delays and witness availability, defense counsel for a building management company seeking a 30-day stay of proceedings in a negligence action was granted that stay, in advance of a forthcoming hearing.

Commonwealth Court says jury instructions not incorrect in bus accident case

By Nicholas Malfitano | Jan 28, 2016

HARRISBURG – The Commonwealth Court of Pennsylvania has affirmed a trial court decision which denied monetary damages to a pedestrian struck by a Capital Area Transit bus in Harrisburg in 2010.

After hearing, judge to decide if lawyers, funder pursuing $66M Liberian judgment in contempt of federal court order

By Nicholas Malfitano | Jan 28, 2016

PHILADELPHIA – A decision from U.S. District Court Judge Paul S. Diamond is forthcoming in a contempt hearing involving parties representing and funding the pursuit of a Liberian multimillion-dollar insurance judgment, a verdict which Diamond has said violates a federal court injunction.

Court denies motion to dismiss Chester police excessive force case

By Nicholas Malfitano | Jan 28, 2016

PHILADELPHIA – A federal court judge has denied a defense motion seeking to dismiss a plaintiff’s claims of excessive force, bystander liability and Monell violations against the City of Chester and several of its police officers.

Federal court dismisses ADA discrimination, retaliation suit against special needs service group

By Nicholas Malfitano | Jan 28, 2016

PHILADELPHIA – According to a federal judge, a woman’s former employer did not violate the Americans with Disabilities Act of 1990 (ADA) and her suit alleging this discrimination and retaliation is dismissed.

Arbitration results for late musicians' song catalog will not be vacated

By Nicholas Malfitano | Jan 28, 2016

PHILADELPHIA – Per the U.S. Court of Appeals for the Third Circuit, the arbitration results surrounding the song catalog of two late Philadelphia musicians will not be vacated.

Local IBEW chapter required to provide financial accounting information

By Nicholas Malfitano | Jan 27, 2016

According to the U.S. District Court for the Eastern District of Pennsylvania, an electrical union will need to furnish financial information to satisfy a counterclaim filed by the case’s defendant.

Legal funding group's lawsuit against entertainment law firm sent to California

By Nicholas Malfitano | Jan 27, 2016

PHILADELPHIA – Per a local federal court decision, a negligence and professional liability case is being transferred to the U.S. District Court for the Central District of California.

Plaintiff counsel still looking to leave litigation against City, Aramark

By Nicholas Malfitano | Jan 27, 2016

PHILADELPHIA – After a brief continuance, plaintiff counsel for an inmate allegedly injured in a Philadelphia prison kitchen more than four years ago is still planning to withdraw from the litigation.

Businesses compelled to respond to State Farm subpoenas

By Nicholas Malfitano | Jan 27, 2016

Three businesses that may have relevant information regarding a property insurance case will be required to respond to subpoenas in connection with that same litigation.

Man suing City, senior citizen agency needs new representation

By Nicholas Malfitano | Jan 25, 2016

PHILADELPHIA – A man suing the City of Philadelphia and a senior citizen agency for negligence will need to seek new legal representation.

Bahamian plaintiff asks for son to be withdrawn from suit against Wells Fargo Bank

By Nicholas Malfitano | Jan 25, 2016

PHILADELPHIA – A Bahamian resident has asked for her son to be withdrawn from a slip-and-fall negligence case against Wells Fargo Bank.

Attorney loses contact with pro bono defendant and seeks to leave lawsuit

By Nicholas Malfitano | Jan 25, 2016

PHILADELPHIA – A defendant named in a personal injury liability case is in need of new counsel, according to court records.

City of Philadelphia looking for sanctions against co-defendant church

By Nicholas Malfitano | Jan 25, 2016

PHILADELPHIA – The City of Philadelphia is seeking sanctions against a local church and co-defendant in a lawsuit filed against both entities.

Third Circuit says District Court judge does not need to recuse himself

By Nicholas Malfitano | Jan 21, 2016

PHILADELPHIA – On Tuesday, a federal appeals court denied an emergency application for a writ of mandamus to a pair of civil case defendants, who were seeking the writ to ensure the recusal of the judge assigned to their case.

Third Circuit Court admits 'frustration' in denying appeal of wrongly arrested man

By Nicholas Malfitano | Jan 21, 2016

PHILADELPHIA – A federal appeals court upheld a trial court decision which granted summary judgment to a Philadelphia police officer, against a man who felt he had been wrongly arrested and imprisoned.

Former Pa. congressional candidate allowed to proceed in forma pauperis with civil suit

By Nicholas Malfitano | Jan 21, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently affirmed a pair of trial court decisions, in the case of a former Pennsylvania congressional candidate suing a local newspaper organization and political group members.

Federal appeals court denies new civil trial to South Philly man

By Nicholas Malfitano | Jan 21, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a trial court ruling which granted summary judgment to a group of law enforcement and corrections officials, simultaneously denying a South Philadelphia man a new trial.

The Record Network