Nicholas Malfitano News
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Lift manufacturer denies claims its product led to man's death in tree removal accident
PHILADELPHIA – Counsel for an industrial lift manufacturing company have categorically denied claims from a Pennsylvania woman who said the equipment they designed and sold was responsible for the untimely death of her husband during his tree removal job.
Lord & Taylor attorney believes recklessness, punitive damages claims not proven in sewing needle injury case
PHILADELPHIA – An attorney for Lord & Taylor believes allegations for recklessness and punitive damages made in a lawsuit over a sewing needle, one which one of the plaintiffs said seriously injured her, were not proven to legal sufficiency.
Counsel for Apple says exploding phone lawsuit should be heard in Schuylkill County
PHILADELPHIA – An attorney for Apple is arguing a lawsuit filed by a plaintiff whose iPhone 5 allegedly exploded in his pocket should be heard in the Schuylkill County Court of Common Pleas.
Christmas Tree Shops wants exploding jar lawsuit heard in federal court
PHILADELPHIA – Attorneys for Christmas Tree Shops, Inc. are attempting to remove a lawsuit filed by an Effort couple to federal court, one which claims the store chain negligently sold a jar which exploded and caused severe hand injuries to one of the plaintiffs.
False Claims Act bill to be introduced again; Sponsor confident in passage - if he can get it to a vote
HARRISBURG – A staple of recent annual legislature sessions has been the introduction of a state equivalent to the federal False Claims Act (FCA), and one Pennsylvania congressman has said he plans to soon bring such a bill back to the floor for consideration. But opinions remain divided on the effectiveness of that legislation to benefit the state.
Federal court says res judicata doctrine bars further action in mortgage foreclosure case
PHILADELPHIA – A federal judge said the doctrine of res judicata effectively bars several claims initiated in a mortgage foreclosure action from proceeding in court.
Superior Court OKs damages award in spite of civil procedure rules cap
HARRISBURG – The Superior Court of Pennsylvania says a plaintiff in a breach of contract action is in fact entitled to more award proceeds than are usually permitted under Pennsylvania’s established Rules of Civil Procedure.
Summit Township in violation of Clean Water Act for sewage pollution, plaintiff says
PITTSBURGH – A Meyersdale man believes a municipality is violating the Clean Water Act and Pennsylvania Clean Streams Law, through discharging raw sewage into the Casselman River and into his property’s water supply.
Judge denies motion to find termination case defendant in contempt for lack of response to interrogatories
PHILADELPHIA – A federal judge has denied a plaintiff’s motion to find his former company in civil contempt, for its chief executive officer allegedly not responding to an order to answer post-judgment interrogatories.
Lancaster school district sued over alleged 'deplorable' condition of sidewalk
LANCASTER – A Pennsylvania woman believes the resident school district’s lack of maintenance of their sidewalk caused her to fall and become seriously injured.
Lawsuit: Mother accompanying daughter to surgery slipped on wet floor
MEDIA – A woman who suffered an injurious slip-and-fall at a Wynnewood hospital is suing the facility and the healthcare company which operates it for damages resulting from that accident.
Landscaping company objects to slip-and-fall lawsuit
LANCASTER – An Elizabethtown landscape company has filed preliminary objections, in response to a lawsuit where a plaintiff alleged it failed to perform adequate snow removal services and was then injured.
Lawsuit: Wallingford nursing home negligent in causing plaintiff's injuries
MEDIA – An Aston woman believes liability for the leg, spine and shoulder injuries she sustained in a fall at a Wallingford nursing home, belongs to the home and its co-defendants.
Lawsuit: Man was pulled into meat mixer, crushing hand and forearm
PHILADELPHIA – A local man maimed by a commercial meat mixer on the job last year has sued the device’s manufacturers for his severe and continuing injuries resulting from the accident.
Electrolux, Sears sued over fire allegedly caused by gas range
PHILADELPHIA – A decedent’s estate has filed a lawsuit against the manufacturer and distributor of a Kenmore-brand gas grill it says malfunctioned and caused an extremely-damaging fire at that same decedent’s property.
Ticket software agency claims Philly broker owes it more than $30K in unpaid orders
PHILADELPHIA – A Connecticut-based ticket software agency claims a Philadelphia-based broker which facilitates ticket sales, owes it in excess of $30,000 for ticket orders it supposedly never paid for.
Lifeguard, Hilton sued after boy drowns at birthday party
PHILADELPHIA – A Shrewsbury man has filed legal action against the hotel chain and resort lifeguard he believes are responsible for the drowning death of his eight year-old son in December.
Pa. trackman says rail companies violated FELA and injured him
PHILADELPHIA – A Pennsylvania man who worked in multiple capacities for a pair of major rail transport companies has begun legal action against them, claiming they violated the Federal Employers Liability Act (FELA) by putting him in a long-term career environment which caused him permanent injury.
Woman files suit against hairstylist for alleged injuries during 'quick-weave'
PHILADELPHIA – A woman is suing her hairstylist and his employer for allegedly injuring her during the application of a hairstyle known as a “quick-weave.”
Man allegedly injured by metal button in his mashed potatoes sues for damages
PHILADELPHIA – A Philadelphia man who alleges he was injured when he bit down on a metal button hidden in his mashed potatoes has filed litigation against the West Oak Lane neighborhood restaurant in which the accident took place.