News from May 2022


Swarthmore residents denied emergency injunction over zoning dispute in historic area

By Nicholas Malfitano |
MEDIA – A coalition of Swarthmore residents litigating with their borough and its council to prevent consideration for a building application and related demolition of two historic buildings on Park Avenue, have lost an emergency petition for same.

Delco judge strikes default judgment in case of woman shot outside tavern after party

By Nicholas Malfitano |
MEDIA – A Delaware County judge has opened and stricken a default judgment levied against an Upper Darby tavern, in the case of a Philadelphia woman attending a birthday party there and who alleged she was shot by another patron who had been allegedly over-served with alcohol during his stay.

Coatesville nursing home to pay $150K to family of resident who died from hemorrhage

By Nicholas Malfitano |
PHILADELPHIA – A Colorado-based estate has finalized a settlement surrounding claims that the death of a Coatesville nursing care facility resident from an inter-cranial hemorrhage nearly three years ago was the result of negligent care on the part of the facility and its staff, for $150,000.

Settlement finalized for plaintiff who claimed to be burned by microwave meatballs

By Nicholas Malfitano |
PITTSBURGH – A settlement has been finalized in litigation filed over burn injuries a Western Pennsylvania woman says she suffered, when a plastic container allegedly failed and meatballs fell onto her left foot.

Micro-Aggressions and Implicit Bias: Raising the Bar in Your Diversity and Inclusion Efforts on May 26, 2022

By Press release submission |
Micro-Aggressions and Implicit Bias: Raising the Bar in Your Diversity and Inclusion Efforts on May 26, 2022.

Facebook once again looks to dismiss television anchor's suit over improper image use

By Nicholas Malfitano |
PHILADELPHIA – Facebook continues to seek dismissal of a local television news anchor’s litigation against the social media website for an alleged improper use of her image in a Philadelphia federal court, after the U.S. Court of Appeals for the Third Circuit reinstated it last fall.

Lancaster plaintiff says husband's death was result of medical procedure, which caused him to bleed out

By Nicholas Malfitano |
LANCASTER – A Lancaster woman alleges that her late husband’s death was caused by a debridement procedure he received on his throat, despite an adverse medical history of cardiovascular problems and use of anticoagulation medicine.

Companies want suit brought by baseball coach who lost eye transferred

By Nicholas Malfitano |
PHILADELPHIA – A trio of defendants are seeking to have litigation brought by a Central Pennsylvania couple surrounding extensive ocular injuries the husband-plaintiff suffered after a baseball allegedly ripped through polyethylene safety netting and struck him in the right eye, transferred to the U.S. District Court for the Middle District of Pennsylvania.

Youth football league denied judgment in case of volunteer burned by French fries

By Nicholas Malfitano |
PITTSBURGH – A youth football league has been denied summary judgment in response to a lawsuit brought by a concession stand volunteer who suffered third-degree burns, within minutes of handling French fries when working at a league game.

Climate change activists reach settlement with Harrisburg over permits

By Nicholas Malfitano |
HARRISBURG – Litigation between a coalition group of climate change activists wanting to participate in a mid-June rally and the City of Harrisburg over constitutional rights violations connected to its event permit process, has been stayed.

The Power of Professional Women’s 2022 Advocate Award Event on May 25, 2022

By Press release submission |
The Power of Professional Women’s 2022 Advocate Award Event on May 25, 2022.

ALI members question foundations of recently passed Restatement of Consumer Contracts

By Nicholas Malfitano |
WASHINGTON – Subsequent to the American Law Institute’s approval of a Restatement for law related to Consumer Contracts earlier this week, two of the group’s members expressed concerns that the document may be a step in the wrong direction for the legacy of the venerable legal scholarship group.

Mother of 10-year-old girl who died in 'Blackout Challenge' sues TikTok for damages

By Nicholas Malfitano |
PHILADELPHIA – The mother of a 10-year-old child who died in December as a result of attempting a “Blackout Challenge” she saw on social media app TikTok, has filed a civil suit against the company for survival and wrongful death in her late daughter’s name.

Walmart employees needed for depositions, plaintiff injured in store fall argues

By Nicholas Malfitano |
PITTSBURGH – Counsel for a plaintiff who alleges she slipped on yogurt which had been dropped onto the floor at a Uniontown Wal-Mart store wants the department manager and loss prevention manager allegedly on duty at the time to appear for depositions.

Judge strikes claims from dram shop suit brought by father of 23-year-old killed in crash

By Nicholas Malfitano |
PITTSBURGH – A state court judge has sustained preliminary objections brought by one bar defendant pertaining to the concept of due standard care, in litigation surrounding a drunk driving accident that killed the plaintiff’s 23-year-old daughter.

Woman who alleged negligence caused hospital fall, now faces judgment of non pros

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania woman who alleged she suffered serious injuries when her walker was caught in a hospital’s floor carpet and she was caused to fall to the floor, is now facing the possibility of a judgment of non pros in her case.

Woman alleges she found maggots in her drink at Wendy's

By Marian Johns |
PITTSBURGH — A woman alleges she found maggots in her drink at a Wendy's restaurant in Plum.

Contractor who fell down underground storage tank alleges PA Turnpike Commission's negligence

By Marian Johns |
MEDIA — A worker alleges the Pennsylvania Turnpike Commission's negligence after falling down an underground storage tank.Raymond R.

Fox Rothschild Privacy Summit 2022 on May 24, 2022

By Press release submission |
Fox Rothschild Privacy Summit 2022 on May 24, 2022.

Slip-and-fall in Borgata casino will remain in Pa. federal court, judge rules

By Nicholas Malfitano |
PHILADELPHIA – A local woman’s negligence lawsuit brought after she slipped on the floor of the MGM Borgata’s Buffet in Atlantic City, New Jersey will remain in a Philadelphia federal court, after the defense’s attempt to dismiss it for improper venue was rejected by a judge.