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PENNSYLVANIA RECORD

Friday, April 19, 2024

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.
State Court

Criminal charges dropped in neighbor-on-neighbor violence, but civil case filed

By Nicholas Malfitano |
YORK – A confrontation between neighbors which escalated to gun shots and criminal charges against the alleged assailant being dropped during his trial has spawned a civil lawsuit in York County court.
Lawsuits

Teacher with MS says school failed to accommodate her condition, then forced her to resign

By Nicholas Malfitano |
Lawsuits

Police tased and permanently blinded toddler, lawsuit claims

By Nicholas Malfitano |
PHILADELPHIA – A Philadelphia woman alleges that a pair of Philadelphia police officers who were investigating a domestic incident in the vicinity of her apartment, indiscriminately fired their energy weapons and struck her two-year-old son in the chest and eye, causing him permanent blindness and other injuries.
From Legal Newsline

Mariner Finance, targeted by AGs, says lawsuit is 'a misunderstanding of the law'

By John O'Brien |
PHILADELPHIA (Legal Newsline) - A lending company facing federal action by state officials continues to stand by its business practices as more states attack them - despite the federal government's own investigation finding no wrongdoing.
State Court

Merchandise reseller wants to open default judgment, denies truck unloader's retaliation claims

By Nicholas Malfitano |
PITTSBURGH – A merchandise reseller business has requested to open a default judgment and concurrently denied claims from a truck unloader that he was disciplined in retaliation for his reporting several alleged safety violations he observed on the job to the Occupational Safety and Health Administration (OSHA), arguing that he in fact resigned and no such violations existed.
Lawsuits

Former Interboro High School lacrosse player says poorly maintained field caused her knee injuries

By Nicholas Malfitano |
MEDIA – A former Interboro High School lacrosse player who fell on the school’s grass sports field two years ago and suffered a variety of severe knee injuries in the process, has launched legal action against the school and other sports entities.
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.
Lawsuits

Man who wrecked car after day of golf, drinking sues establishments he says overserved him

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man severely injured in an automobile accident while driving under the influence, has sued the establishments who allegedly violated state law by over-serving him with alcoholic beverages.
Lawsuits

Defective bike manufacturing led to plaintiff's extensive bodily injuries, suit alleges

By Nicholas Malfitano |
PITTSBURGH – A local man alleges that he sustained a litany of bodily injuries due to the negligence of a bicycle company, which he says caused him to fall off the defectively-manufactured bike he was riding on two separate occasions in 2022.
State Court

Company named in propane tank explosion case rejects cross-claims from co-defendants

By Nicholas Malfitano |
PITTSBURGH – One company named in a product liability action by a group of plaintiffs severely burned in a propane tank explosion and two of their spouses, have denied claims from their co-defendants that they were liable for the incident.
Federal Court

Philly man allegedly burned by exploding candle settles personal injury lawsuit

By Nicholas Malfitano |
PHILADELPHIA – A Philadelphia man’s lawsuit claiming that a candle he had lit nearly three years ago caught fire and ignited in an explosive fashion – causing him to suffer severe burns to his fingers, hands and arms – has been settled, after a successful arbitration session.
Federal Court

Wind Creek Bethlehem looking to strike negligence and punitive damages from excessive force case

By Nicholas Malfitano |
ALLENTOWN – After the father of an intoxicated man trying to find their hotel room claimed Bethlehem Police Department officers assaulted him when they confronted the duo, Wind Creek Bethlehem Hotel & Casino counters that the plaintiff had not properly pled allegations of negligence or to support a request for punitive damages.
State Court

Parents of girl who broke wrist and forearm at camp settle claims for $100K

By Nicholas Malfitano |
SCRANTON – The parents of a 12-year-old girl who suffered a broken wrist and forearm due to a fall on the uneven bars at a Pennsylvania camp, have settled their injury-related damages with the camp for $100,000.

Former Interboro High School lacrosse player says poorly maintained field caused her knee injuries

By Nicholas Malfitano |
MEDIA – A former Interboro High School lacrosse player who fell on the school’s grass sports field two years ago and suffered a variety of severe knee injuries in the process, has launched legal action against the school and other sports entities.

Man who wrecked car after day of golf, drinking sues establishments he says overserved him

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man severely injured in an automobile accident while driving under the influence, has sued the establishments who allegedly violated state law by over-serving him with alcoholic beverages.

Defective bike manufacturing led to plaintiff's extensive bodily injuries, suit alleges

By Nicholas Malfitano |
PITTSBURGH – A local man alleges that he sustained a litany of bodily injuries due to the negligence of a bicycle company, which he says caused him to fall off the defectively-manufactured bike he was riding on two separate occasions in 2022.

Police tased and permanently blinded toddler, lawsuit claims

By Nicholas Malfitano |
PHILADELPHIA – A Philadelphia woman alleges that a pair of Philadelphia police officers who were investigating a domestic incident in the vicinity of her apartment, indiscriminately fired their energy weapons and struck her two-year-old son in the chest and eye, causing him permanent blindness and other injuries.

Suit: Philadelphia police officers failed to prevent man's death from overdose in custody

By Nicholas Malfitano |
PHILADELPHIA – The widow of a 44-year-old man who died of a drug overdose while in custody of the Philadelphia Police Department two-and-a-half years ago has filed a wrongful death lawsuit against two Department officers, charging they failed to take procedural steps which may have saved her late husband’s life.

Allegheny County Sheriff's Office employee loses religious exemption case over COVID vax

By Nicholas Malfitano |
PITTSBURGH – Allegheny County and its Sheriff’s Office have won dismissal of litigation which alleged that they failed to reasonably accommodate the religious beliefs of one of its employees, when it mandated obtaining vaccination against COVID-19.

Fired Union County library employee settles case over religious exemption from wearing masks

By Nicholas Malfitano |
WILLIAMSPORT – A former public library employee in Lewisburg who alleged her Christian beliefs were the determinative factor in the library’s decision to terminate her employment, when she sought a religious exemption to its mandatory mask policy during the COVID-19 pandemic, has settled her claims.

Family of inmate about to be released after 45 years only to die of COVID-19 drops case

By Nicholas Malfitano |
PHILADELPHIA – The family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades and sued state officials for not approving the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death, have voluntarily and mutually dismissed their case alongside the defendants.

AG Michelle Henry: ‘The FTC and Congress must act to ensure fulsome regulation of PBMs nationwide’

By Pennsylvania Record |
State Attorney General Michelle Henry (D-Pennsylvania) sent a letter to U.S. Congressional leadership this week saying Congress should “act to ensure fulsome regulation of pharmacy benefit managers (PBMs).

Philly wins dismissal of RFK Jr.-chaired nonprofit's case against COVID child vax measures

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia has won dismissal of litigation from a California nonprofit group chaired by independent presidential candidate Robert F. Kennedy Jr. concerning allegations that the City was vaccinating young children against COVID-19 without parental consent, for a lack of subject matter jurisdiction.

Pa. state senator Boscola appeals judge's ruling in defamation suit

By Nicholas Malfitano |
PITTSBURGH – A Pennsylvania state senator facing defamation allegations from an energy company president has appealed a judge’s denial of her preliminary objections to the Commonwealth Court.

Third Circuit cites no jurisdiction for insurer's appeal over asbestos litigation costs

By Nicholas Malfitano |
PHILADELPHIA – Citing a lack of jurisdiction, a panel of judges from the U.S. Court of Appeals for the Third Circuit ruled against an insurance company’s appeal connected to the costs it incurred in asbestos litigation from one of its customers.

Merchandise reseller wants to open default judgment, denies truck unloader's retaliation claims

By Nicholas Malfitano |
PITTSBURGH – A merchandise reseller business has requested to open a default judgment and concurrently denied claims from a truck unloader that he was disciplined in retaliation for his reporting several alleged safety violations he observed on the job to the Occupational Safety and Health Administration (OSHA), arguing that he in fact resigned and no such violations existed.

Company named in propane tank explosion case rejects cross-claims from co-defendants

By Nicholas Malfitano |
PITTSBURGH – One company named in a product liability action by a group of plaintiffs severely burned in a propane tank explosion and two of their spouses, have denied claims from their co-defendants that they were liable for the incident.

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.

Pa. courts tie for No. 1 ranking on annual 'Judicial Hellholes' report list

By Nicholas Malfitano |
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have tied with Georgia for the No. 1 ranking for jurisdictions considered unfriendly to businesses.

DOJ nets $28M financial penalty against Warren Buffett-owned mortgage lender for redlining

By Nicholas Malfitano |
WASHINGTON – The U.S. Department of Justice has handed down a fine in excess of $28 million to a Pennsylvania mortgage company owned by billionaire Warren Buffet, which it says engaged in discriminatory lending practices to prospective homeowners who are Black and Latino.