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Tuesday, March 19, 2024

Federal Court News

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Federal Court

Third Circuit upholds terrorism sentencing enhancement for ISIS-affiliated potential church bomber

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a terrorism-based sentencing enhancement, in the criminal case of an ISIS supporter who was arrested in June 2019 for planning to bomb a Nigerian-American church in Pittsburgh.

Federal Court

Judge rules N.Y. gamblers speaking Punjabi properly pled discrimination against Pa. casino

By Nicholas Malfitano |
SCRANTON – A federal judge has rejected a motion to dismiss from a Northeastern Pennsylvania casino, which is accused of discrimination by five New York plaintiffs of Indian ancestry who said they faced such treatment for using their native language of Punjabi while gambling.

Federal Court

Plaintiff counsel drops negligent infliction of emotional distress counts, from Flying Fairy toy lawsuit

By Nicholas Malfitano |
PITTSBURGH – Plaintiff counsel has authorized the dismissal of two counts of negligent infliction of emotional distress from a Blairsville couple’s lawsuit, one which claimed a Flying Fairy toy was defectively designed and when launched, collided with one of the plaintiff’s eyes and caused extensive ocular injuries.

Federal Court

Investigative journalist settles 'Gag Rule' suit with Allegheny County

By Nicholas Malfitano |
PITTSBURGH – A Pittsburgh investigative journalist who contended that “Gag Rule” policies enacted by the Allegheny County Bureau of Corrections violated the First Amendment rights of County Jail employees and contractors, and prevented her from developing sources to offer comment for stories detailing events which have taken place inside the jail, has come to a settlement with the County.

Federal Court

Runner who claimed he was sprayed by copper pesticide during jog in Mount Lebanon settles case

By Nicholas Malfitano |
PITTSBURGH – A local man who alleged he suffered permanent facial and oral injuries after being exposed to a copper-based pesticide being used to spray trees while he was out on a run in Mount Lebanon nearly two years ago, has settled his claims.

Federal Court

Suit over injury at Marshall's HomeGoods store may be thrown out, if default isn't pursued

By Nicholas Malfitano |
PHILADELPHIA – A local woman who alleged she was seriously injured at a Marshalls HomeGoods store in Northeast Philadelphia when a desk chair she was seated on unexpectedly moved and she fell, may have her case dismissed if she does not file for a default judgment within the next two weeks.

Federal Court

Nonprofit legal services employee who alleged retaliation for reporting discrimination settles case

By Nicholas Malfitano |
PHILADELPHIA – An employee for a non-profit legal services provider who alleged that she suffered racial and disability discrimination, in retaliation for reporting similar behavior in her workplace, recently withdrew her case.

Federal Court

JCPenney moves for summary judgment in injury suit over fall at its store in Oxford Valley Mall

By Nicholas Malfitano |
PHILADELPHIA – JCPenney has motioned for summary judgment, in litigation which a Bucks County man said he suffered at the retailer’s store in Langhorne’s Oxford Valley Mall more than three-and-a-half years ago.

Federal Court

Lancaster is dismissed from litigation concerning alleged warrantless raids of vape businesses

By Nicholas Malfitano |
ALLENTOWN – Lancaster County has been dismissed from litigation asserting that its district attorney and police officers conducted warrantless raids of businesses selling vape products last April, raids which those proprietors contend were illegal and contradictory to state laws currently on the books.

Federal Court

Federal judge confirms $779K arbitration award to franchisee, in Choice Hotels lawsuit

By Nicholas Malfitano |
ALLENTOWN – A federal judge has confirmed a $779,000 arbitration award decided in favor of a plaintiff franchisee in a wide-ranging lawsuit brought by such franchisees against the Choice Hotels organization, who claimed they have been overcharged inflated fees to increase the group’s revenue and have been subjected to discriminatory treatment based on race.

Federal Court

Phila. wants dismissal of suit alleging police officer distributed photos of man's suicide

By Nicholas Malfitano |
PHILADELPHIA – Counsel for the City of Philadelphia and an unidentified local police officer have motioned to dismiss litigation from the mother of a man who died by suicide during a mental health episode two years ago, litigation which alleged the officer photographed her son’s lifeless body and distributed it online.

Federal Court

Political TV show host opposes case dismissal motion from Scranton and Lackawanna authorities, television network

By Nicholas Malfitano |
SCRANTON – A Scranton man who hosted a television program on political issues and alleged that authorities from the City of Scranton and Lackawanna County disrupted and then canceled his broadcast because the defendants disagreed with his views and those of many of his guests, has opposed a move from those governmental entities and a local network station to dismiss his case.

Federal Court

Bucks County adult business denies it fired cleaner-clerk for being a cisgender male

By Nicholas Malfitano |
PHILADELPHIA – A Bucks County-based adult establishment has rejected allegations from its former cleaner and clerk that it discriminated against and fired him, based upon his designation as a cisgender male.

Federal Court

PICC inmate's assault-related civil rights claims partially dismissed without prejudice for second time

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has, for a second time, partially dismissed without prejudice claims from a man incarcerated at the Philadelphia Industrial Correctional Center, who insisted that prison officials ignored the prior conduct of two fellow inmates with a propensity for violent behavior, who attacked the plaintiff with a homemade weapon two summers ago.

Federal Court

Philly police officials deny malicious prosecution allegations in case of man exonerated after 33 years

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia and police officials have denied allegations that they falsified evidence and perjured themselves at trial, in the case of a man who spent 33 years in prison for a murder he didn’t commit before being exonerated.

Federal Court

Hawley resort denied summary judgment, in N.J. educator's personal injury lawsuit

By Nicholas Malfitano |
SCRANTON – A federal magistrate judge has denied a motion for summary judgment from a Hawley resort, which had been accused of negligence by a New Jersey woman who received a severe ankle injury on its premises nearly five years ago.

Federal Court

Judge denies judgment motion from defense in alleged malicious prosecution lawsuit

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has denied a motion for judgment on the pleadings from Chester County and one of its police detectives, paving the way for a malicious prosecution suit against them from a man wrongfully convicted of a home invasion and murder, to continue.

Federal Court

Sesame Place Philadelphia gets partial dismissal of expert testimony, in discrimination suit accusing it of racism

By Nicholas Malfitano |
PHILADELPHIA – SeaWorld’s Sesame Place Philadelphia have received partial dismissal of opposing counsel’s expert witness, in litigation which charged that employees of the park discriminated against the plaintiff’s daughter, a Black child, during a meet-and-greet session with some costumed characters.