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PENNSYLVANIA RECORD

Wednesday, May 1, 2024

Nicholas Malfitano News


Pa. municipalities lose effort to hide outside gas meters

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania has unanimously sent a case surrounding a long-standing dispute among the City of Lancaster, the Boroughs of Carlisle Columbia and the Pennsylvania Public Utility Commission (PUC) over the placement of natural gas meters in historic districts, back to an intermediate appellate court for further proceedings.

Plaintiff in class action against Gannon University now seeks $371K award in extra costs

By Nicholas Malfitano |
ERIE – An undergraduate student who filed a class action lawsuit against Gannon University claiming that he and others were deprived of the on-campus education and experience they paid for when the COVID-19 pandemic occurred and learning shifted to remote status – and then settled the case for $1.1 million - now seeks an award of attorney’s fees, costs and other expenses in excess of $371,000.

Philadelphia wants to dismiss suit arguing cops' energy weapons blinded the plaintiff's toddler

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia is seeking to dismiss a lawsuit concerning alleged conduct from two of its police officers, officers who were said to have indiscriminately fired their energy weapons and struck the plaintiff’s two-year-old son in the chest and eye, causing him permanent blindness and other injuries.

Firm says U.S. Coast Guard hasn't responded to its FOIA request over Port of Wilmington expansion

By Nicholas Malfitano |
PHILADELPHIA – A Bala Cynwyd law firm and two of its attorneys allege that the U.S. Coast Guard have declined to answer its Freedom of Information Act request concerning records related to a proposed expansion of the Port of Wilmington, Delaware.

After losing multiple roles to younger colleagues, police officer sues Scranton for age discrimination

By Nicholas Malfitano |
SCRANTON – A Scranton police officer contends that, despite having an exemplary service record, he was passed over for numerous promotions in favor of younger officers, in violation of both federal and state law.

Allegheny County denies violating religious liberty of corrections officer who objected to COVID vax mandate

By Nicholas Malfitano |
PITTSBURGH – Allegheny County has denied violating the religious liberty of one of its corrections officers, in a lawsuit over its COVID-19 vaccine mandate allegedly running afoul of that same plaintiff’s objections.

Man says bouncers of Scranton pub wrongly assaulted and maced him in parking lot

By Nicholas Malfitano |
SCRANTON – A Lackawanna County man alleges that subsequent to an altercation outside of a local pub, the establishment’s bouncers assaulted him, handcuffed him and maced him at close range.

After DA's Office drops drug charges, man sues Philly police officers he alleges falsely arrested him

By Nicholas Malfitano |
PHILADELPHIA – A Philadelphia man contends that he was maliciously prosecuted on drug possession charges despite police officers knowing he was innocent, leading those charges to later be dismissed by the District Attorney’s Office and him to subsequently file a civil lawsuit against the officers who arrested him.

Lawsuit of exonerated man imprisoned 33 years for murder sent back to state court

By Nicholas Malfitano |
PHILADELPHIA – A man who spent 33 years in prison for a murder he didn’t commit before being exonerated, has won remand of his case against the City of Philadelphia and police officials, who the plaintiff alleged falsified evidence and perjured themselves at trial.

Bucks County plaintiffs oppose JCPenney's attempt at obtaining summary judgment in injury suit

By Nicholas Malfitano |
PHILADELPHIA – A Bucks County man and his wife have responded in opposition to JCPenney’s motion for summary judgment, in litigation where the husband-plaintiff alleged he suffered an injurious fall at the retailer’s store in Langhorne’s Oxford Valley Mall more than three-and-a-half years ago.

Following dismissal of gun and drug charges, man sues police officers who made alleged false arrest

By Nicholas Malfitano |
PITTSBURGH – An Allegheny County man has alleged that a group of local law enforcement officers violated his constitutional rights when they arrested him on gun and drug charges, offenses which were later dismissed in a criminal court.

Federal court remands man's negligence suit tied to assault at Harrah's nightclub

By Nicholas Malfitano |
PHILADELPHIA – A New Jersey man’s negligence lawsuit against security entities for a nightclub located within Harrah’s Casino in Atlantic City, which charged they failed to prevent him from being the target of a physical altercation when he was on their premises in November 2022, has been remanded to the Philadelphia County Court of Common Pleas.

Avco Corporation and Textron seek judgment on the pleadings against former counsel

By Nicholas Malfitano |
PHILADELPHIA – Avco Corporation and Textron are seeking judgment on the pleadings in litigation brought by a Florida plaintiff couple, one of whom is an attorney who represented Avco in aircraft crash legislation and later alleged law firm Blank Rome pursued an injunction she said would have ruined her career.

After being struck by wooden beam, Marriott patrons counter construction company's denials of liability

By Nicholas Malfitano |
LANCASTER – Counsel for a pair of plaintiffs, one local and one from South Carolina, who claimed they were struck by a wooden beam which fell from the ceiling as they were dining inside a local Marriott hotel restaurant, have refuted denials of liability for their injuries from a local construction company.

Settlement for man incarcerated at Curran-Fromhold who alleged excessive force

By Nicholas Malfitano |
PHILADELPHIA – A local man who alleged he was assaulted and battered by a series of corrections officers while in custody at Curran-Fromhold Correctional Facility over three years ago, has settled his case.

McKeesport officials deny violating civil rights of Black plaintiffs during officer-involved shooting chase

By Nicholas Malfitano |
PITTSBURGH – The City of McKeesport and a group of its police officers have denied violating the civil rights of three Black citizens, during their pursuit of a suspect involved in the shooting of a fellow officer in 2020.

Lawsuit: West Homestead Police pursuit leads to suspect crashing into plaintiffs' vehicle

By Nicholas Malfitano |
PITTSBURGH – A pair of motorists who received serious and extensive injuries when their vehicle collided with another car driven by a suspect being pursued by members of the West Homestead Police Department, have sued the department for conducting their pursuit in an unsafe manner.

Bucks County Technical High School says it's not responsible for EMS student's injuries

By Nicholas Malfitano |
PHILADELPHIA – Bucks County Technical High School has flatly denied claims from a former EMS student, who alleged she suffered a broken left pinky finger, after being compelled to participate in a mandatory impact weapons drill featuring batons and punch paddles.

Philly law firm quickly withdraws case against Department of Defense entities over email block

By Nicholas Malfitano |
PHILADELPHIA – A local law firm’s litigation against a group of U.S. military entities over the imposition of an email block the defendants put on its website server, which prevented the firm’s attorneys from receiving emails from federal agencies under the defendants’ control, was dismissed one week after its filing.

Bensalem Texas Roadhouse restaurant denies causing back injuries to Philly man

By Nicholas Malfitano |
PHILADELPHIA – A Bensalem location of the Texas Roadhouse restaurant chain has denied allegations from a Philadelphia couple that it was negligent in the conduct of its employees, leading the husband-plaintiff to be struck with a serving tray, fall and suffer a severe back injury.