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Thursday, May 2, 2024

Federal Court News

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Federal Court

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.

Federal Court

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.

Federal Court

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.

Federal 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.

Federal Court

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.

Federal Court

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.

Federal Court

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.

Federal Court

Suit over injury at Marshall's HomeGoods store will be resolved in arbitration trial

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 off the chair in question, has consented to have her case resolved in an arbitration trial.

Federal Court

Philadelphia argues lieutenant fired for sending bestiality videos did not support his discrimination claims

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia has motioned to dismiss a discrimination lawsuit brought by a Philadelphia police lieutenant who claimed he faced disparate treatment prior to dismissal for sexual harassment, arguing that he had not stated plausible claims and is thus not entitled to relief.

Federal Court

Flixbus removed from case where woman's son died aboard Greyhound bus bound for Philly

By Nicholas Malfitano |
PHILADELPHIA – Flixbus has been dismissed from a lawsuit brought by the mother of a 32-year-old man who died from cardiac arrest while aboard a Greyhound bus bound for Philadelphia over two years ago, litigation which argued the transportation companies were negligent, reckless and responsible for his death.

Federal Court

U.S. Steel says class action wage claims are time-barred

By Nicholas Malfitano |
PITTSBURGH – Citing what it believes are improperly pled and time-barred claims, U.S. Steel has motioned to dismiss class action litigation alleging it violated the Pennsylvania Minimum Wage Act (PMWA) by not paying employees for the time they spent showering and walking to their worksites, among other pre- and post-work activities.

Federal Court

SCI-Benner Township officials immune after pepper spray causes inmate to have an asthma attack

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court has upheld a lower court’s decision to grant qualified immunity to corrections officials accused of deliberate indifference by an inmate at SCI-Benner Township, who suffered an asthma attack when those officials pepper sprayed another nearby inmate.

Federal Court

Suit alleging driver data was sold to third parties may be consolidated into MDL

By Nicholas Malfitano |
SCRANTON – A lawsuit from a Pennsylvania man who alleged that collective conduct between General Motors, OnStar and LexisNexis resulted in driver behavior data being collected without drivers’ consent has been stayed while a motion for transfer currently before the Judicial Panel on Multidistrict Litigation is resolved.

Federal Court

Pa. man who said Las Vegas law firm violated TCPA settles his class action case

By Nicholas Malfitano |
WILLIAMSPORT – A Central Pennsylvania man who filed a class action lawsuit against the Accident Attorneys of America which alleged that the firm has violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients, has settled his case.

Federal Court

Parents who alleged their home was stormed by Philly deputies lose case

By Nicholas Malfitano |
PHILADELPHIA – Parent plaintiffs who claimed multiple officers from the Philadelphia Sheriff’s Department violated their civil rights when they executed a search warrant at their home in an attempt to find the plaintiffs’ son – who had been murdered five months before the search took place – have seen their case dismissed by the City per the doctrine of res judicata.

Federal Court

Judge: Lien holder cannot intervene in injury suit alleging chocolate factory worker was trapped in tank

By Nicholas Malfitano |
ALLENTOWN – A federal judge has rejected a company’s attempt to intervene in a lawsuit filed by a man tasked with cleaning a chocolate batching tank at its facility and who claimed he became trapped in the machinery for more than six hours.

Federal Court

Settlement reached for server over alleged wage shortages

By Nicholas Malfitano |
PITTSBURGH – An Allentown man who worked as a waiter for more than six years and filed a class action lawsuit alleging that tipped, non-exempt servers like himself were shortchanged out of mandated wages in violation of both state and federal laws, has tentatively settled his claims.

Federal Court

Federal judge says state-created danger case against Marple Township police will proceed

By Nicholas Malfitano |
PHILADELPHIA – The estate of a man left at a bus stop while in an intoxicated state by Marple Township police officers and killed by a passing vehicle shortly thereafter more than two years ago, will proceed in its case that the Township, its Police Department and a plethora of officers are responsible for the man’s death.