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PENNSYLVANIA RECORD

Tuesday, March 19, 2024

Nicholas Malfitano News


Federal judge rejects dismissal motion from Taiwanese group named in Pa. doctor's bike crash suit

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has denied a motion to dismiss from a Taiwanese company named in an injury lawsuit brought by a local ophthalmologist, who suffered a tear of his left triceps tendon and other injuries when his bicycle’s coaster brake allegedly failed and he crashed on a roadway.

Parents who alleged their home was stormed by Philly deputies, say res judicata does not apply

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 countered arguments from the City of Philadelphia that res judicata should bar their case.

Plaintiff discontinues suit against Lycoming County SPCA, over aggressive dog it adopted out

By Nicholas Malfitano |
WILLIAMSPORT – A Williamsport woman has, for now, discontinued her lawsuit alleging that the local Society for the Protection of Animals failed to warn her that the dog she was adopting had aggressive tendencies and a result, after bringing the dog home, it attacked her cat.

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.

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.

Bucks County law firm wants dismissal of trademark suit over phrase 'Education Lawyers'

By Nicholas Malfitano |
PHILADELPHIA – A Bucks County-based law firm seeks dismissal of a Philadelphia firm’s lawsuit, which seeks review of an order which struck down its attempt to cancel the defendant’s trademark surrounding the phrase “Education Lawyers”, in reference to both of their areas of legal expertise.

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.

Scooter company says Fla. bankruptcy proceeding should stay Allegheny County injury case

By Nicholas Malfitano |
PITTSBURGH – Counsel for a group of related scooter company defendants have filed notice of bankruptcy and are seeking a stay from litigation brought forward by a New York man, who said he fractured his collarbone after falling on an abandoned Spin-brand scooter on a Pittsburgh sidewalk.

Judge disallows amicus brief from LGBTQ group, in suit over first-graders taught transgender issues

By Nicholas Malfitano |
PITTSBURGH – A federal judge has denied the submission of an amicus brief from an LGBTQ nonprofit group, in a lawsuit from a group of parents which alleged their civil rights were violated when Mount Lebanon School District provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.

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.

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.

UPenn faculty sue school over anti-Semitism investigation it equates to new 'McCarthyism'

By Nicholas Malfitano |
PHILADELPHIA – A group of University of Pennsylvania professors have sued the school, alleging its cooperation with Congressional investigations into anti-Semitic activity on campus have compromised their free speech and privacy rights, and are tantamount to a modern form of “McCarthyism.”

U.S. Steel refers to federal statute in removal of class action over plant employee wages

By Nicholas Malfitano |
PITTSBURGH – Citing a federal statute, U.S. Steel has likewise removed to federal court a class action complaint which alleged 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.

Judge denies Penn State's search for other settlements in case of death at frat house

By Nicholas Malfitano |
WILLIAMSPORT – A federal judge recently denied a defendant’s request to compel discovery statements from some of his co-defendants who entered into a prior settlement, with the plaintiff parents of a Penn State University student who died at a fraternity chapter house in 2017.

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.

New Kensington couple reiterate allegations they were sickened by mold present in their new home

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania couple have restated allegations against the couple who sold them their home, as well as a residential inspection service, after they allegedly developed illness from mold later found to be present in the home.

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.

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.

Fall sustained during construction of Geisinger Medical Center Muncy leads to injury lawsuit

By Nicholas Malfitano |
WILLIAMSPORT – A Snyder County couple have sued a host of defendants they believe are responsible for injuries the husband-plaintiff’s allegedly sustained on the job, while building a new facility for Geisinger Medical Center.

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.