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PENNSYLVANIA RECORD

Monday, October 7, 2024

Nicholas Malfitano News


Woman who fell into aisle endcap when shopping sues Designer Shoe Warehouse for negligence

By Nicholas Malfitano |
PHILADELPHIA – A local woman shopping at a suburban location of Designer Shoe Warehouse and who was injured after falling into an aisle’s endcap shelf, has brought suit against the footwear retailer.

Fencing academy owner alleging defamation from MyLife.com says arbitration provision was hidden in user terms

By Nicholas Malfitano |
PHILADELPHIA – Counsel for a Bucks County man and fencing instruction facility continues to disagree with the MyLife.com website’s argument that the dispute between the parties should be governed by an arbitration agreement, arguing that the agreement wasn’t obviously mentioned in the site’s terms and conditions.

After plaintiff falls from ladder during home estimate, Amazon removes injury case to federal court

By Nicholas Malfitano |
PITTSBURGH – Amazon has removed litigation from a Western Pennsylvania couple against both it and the manufacturer of a ladder they claim was defective to federal court, after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie.

Law firm wanting return of $229K in unpaid legal fees files summary judgment motion in its litigation

By Nicholas Malfitano |
PHILADELPHIA – A local law firm that is looking to recover more than $229,000 in unpaid legal fees and costs that it incurred performing representation duties for a New Jersey couple in a federal bankruptcy action, has followed up with a motion for summary judgment to ensure that result.

Upper Darby tavern wants striking of default judgment in case of woman shot after going to birthday party

By Nicholas Malfitano |
MEDIA – An Upper Darby tavern is looking to open and strike a default judgment levied against it, in the case of a Philadelphia woman attending a birthday party at the tavern and who alleged she was shot by another patron who had been allegedly over-served with alcohol during his stay.

Pa. Superior Court throws out appeals surrounding dissolution of former Golomb & Honik law firm

By Nicholas Malfitano |
HARRISBURG – For jurisdictional reasons, judges from the Superior Court of Pennsylvania have thrown out appeals from one partner of the former Philadelphia law firm Golomb & Honik relating to escrow account contributions, ruling it did not have cause to compel the firm’s other former partner to make those contributions, as the firm continues to dissolve.

Youth rehabilitation facility resident alleges he endured physical and sexual abuse during his 2018 stay

By Nicholas Malfitano |
PITTSBURGH – A young man placed into a rehabilitation facility for at-risk youth in 2018 alleges he was the target of both physical and sexual abuse during his time at the center.

Confidential settlement reached over death at 2016 Pittsburgh Steelers game

By Nicholas Malfitano |
PITTSBURGH – The widow of a man killed after an altercation at a Pittsburgh Steelers game in November 2016 has reached a settlement with the assailants, the stadium and its security team she held legally responsible for his death.

Delco judge overrules objections of Dominican Republic resort, which argued jurisdiction should bar injury suit

By Nicholas Malfitano |
MEDIA – A state court judge has overruled preliminary objections filed by a Dominican Republic resort, which had argued that a Delaware couple’s injury lawsuit against it should be dismissed without prejudice on jurisdictional grounds, since the alleged events in question took place in that Caribbean country and not Pennsylvania.

Woman reiterates claims that sexual assault on bus was charter school's fault

By Nicholas Malfitano |
PHILADELPHIA – A local woman has claimed once again that the school bus sexual assault she endured as a middle school student was the fault of her school, who disregarded the alleged assailant’s history of prior assaults and violated her constitutional rights in the process.

Phila. corrections officer alleges retaliation, after speaking out against prison abuses during COVID-19

By Nicholas Malfitano |
PHILADELPHIA – A longtime officer in Philadelphia’s Department of Prisons says she suffered professional retaliation when she spoke out publicly against conditions in local correctional institutions during the COVID-19, conditions which she says had become “horrifying.”

Lawsuit: McDonald's employee subjected to supervisor's sexual harassment and professional retaliation

By Nicholas Malfitano |
PITTSBURGH – A McDonald’s employee alleges she was repeatedly subjected to sexual harassment from her manager for months before being mandated to perform work duties in violation of a doctor’s order, which may have led to both her miscarriage and professional retaliation exacted upon her.

Judge rejects attempt to name specific defendants in landlord's lawsuit against Phila. Department of Licenses & Inspections

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has conditionally denied a Philadelphia man’s attempt to name specific individuals from the City of Philadelphia’s Licenses and Inspections Department, defendants who allegedly took part in the Department demolishing two of the plaintiff’s properties, located adjacent to the scene of a fire, in October 2019.

Pa. lab testing company files response and counterclaims to Missouri firm's $1.4M breach of contract suit

By Nicholas Malfitano |
ALLENTOWN – A Pennsylvania laboratory testing company has hit back at breach of contract allegations from a Missouri-based health care marketing firm, which claimed the defendant owes it nearly $1.4 million – countering instead that the plaintiffs are the ones responsible for the severance of the parties’ agreement.

East Bradford Township public works supervisor again denies he retaliated against former employee

By Nicholas Malfitano |
PHILADELPHIA – An East Bradford Township public works official has for the second time denied liability for claims of retaliation and civil rights violations, brought by a former employee who alleged he was fired for reporting dangerous conditions relating to decaying tree limbs in the municipality.

Bethlehem casino joins Pa. State Police in seeking dismissal of Hispanic man's wrongful arrest lawsuit

By Nicholas Malfitano |
ALLENTOWN – A Bethlehem casino seeks to join Pennsylvania State Police defendants in looking to dismiss litigation filed by a New Jersey man, who alleged he was falsely accused of stealing a wallet at the casino on account of his Hispanic heritage and imprisoned for three days by both the Bethlehem Police Department and the Pennsylvania State Police.

Trafford woman says her walker became entangled in hallway carpet at Forbes Hospital, and she fell as a result

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania woman alleges she suffered serious injuries when her walker was caught in a hospital’s floor carpet and she was caused to fall to the floor.

City of Philadelphia, Commissioners dismissed from election poll worker's six-figure injury lawsuit

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia and two of its Commissioners have been dismissed from a lawsuit filed by an election poll worker, which alleged she suffered a broken arm when she was asked to repair a faulty voting machine herself.

Missouri law firm pursuing $3.5 million in legal bills in Pa. federal court has settled its case

By Nicholas Malfitano |
PHILADELPHIA – A Missouri law firm who filed litigation to pursue more than $3.5 million in outstanding legal bills from a half-dozen defendants spread across the United States and Puerto Rico has settled its case.

Little League Baseball says it's not responsible for dental injuries man suffered when he was hit by ball

By Nicholas Malfitano |
ERIE – Little League Baseball denies liability for severe dental injuries an Oil City man suffered when he was struck by a baseball nearly nine years ago, and further denied allegations that it promised the plaintiff and his family that its insurance would cover his full medical damages and later reneged on that promise.