Nicholas Malfitano News
Borough of Morton sued over state of sidewalks
MEDIA – A Delaware County woman alleges that she was seriously injured when she fell on a deficiently maintained sidewalk along Taylor Avenue in the Borough of Morton and has filed a lawsuit.
Confidential protective agreement secured in man's federal court lawsuit against veterans health authorities
ERIE – A local man and the U.S. government have reached an agreement to prevent the disclosure of personal identifying information in his litigation against the Department of Veterans Affairs and other entities, brought over allegations they failed to early-diagnose his prostate cancer.
Kozy-World heater death update: Case stayed while settlement details are worked out
SCRANTON – Preparation of a settlement is underway in a lawsuit between a Mississippi widower and a Mount Union company over claims concerning an allegedly defective natural gas heater which may have been responsible for the death of the plaintiff’s wife.
Amazon denies liability for injuries woman suffered after fall off ladder during home insurance estimate
PITTSBURGH – Amazon has answered litigation from a Western Pennsylvania couple against both it and the manufacturer of a ladder they claim was defective in federal court, arguing it is not liable for injuries suffered after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie.
Third Circuit reverses decision on arbitration for class action suit on rotavirus vaccine
PHILADELPHIA – A federal appellate court has unanimously determined that arbitration proceedings are forthcoming for a class-action lawsuit filed against Merck, which alleged that the pharmaceutical giant discouraged competition for its rotavirus vaccine.
Resolution approved for discrimination case filed by Black former NFL players, over concussion settlement proceeds
PHILADELPHIA – A federal discrimination case brought by two retired NFL players against the league, claiming that it manipulated cognitive function data to make it less likely Black players would receive proceeds from the 2016 concussion settlement, has been resolved.
Allison Park plaintiff says nursing facility's deficient care led to her mother dying from fall-related injuries
PITTSBURGH – An Allison Park woman alleges that her mother was the recipient of sub-standard care at her nursing facility, leading her to suffer a fall that caused a cut on her head, a broken neck and a broken hip, which caused severe pain and led to her death.
Penn State student settles suit over rescinding of Master's Degree
PHILADELPHIA – A Penn State University student who alleged that the school rescinded her Master’s Degree more than a year and a half after she was awarded it, claiming that the plaintiff didn’t produce wholly original work, has settled her case with the school.
Derry Township, police officials deny wrongful process claims of Black women arrested for shoplifting
HARRISBURG – Derry Township and several of its police officers deny charges of wrongful arrest and process levied against them by two Black women from Harrisburg, who alleged they were profiled by the defendants at a local outlet store, accused of retail theft and arrested, before later being released when it was learned that they had in fact committed no crime.
PennDOT seeks to dismiss Ga. couple's lawsuit concerning safety guardrail system on Interstate 81
HARRISBURG – The Pennsylvania Department of Transportation (PennDOT) has motioned to dismiss litigation from a Georgia couple who alleged that a state-maintained guardrail safety system along Interstate 81 failed to decelerate their vehicle, when the vehicle made contact with the guardrail and it speared through the vehicle to injure its driver.
Spirit Airlines shareholder alleges company didn't reveal relevant details of its proposed merger with Frontier Airlines
PHILADELPHIA – A Pennsylvania man and Spirit Airlines stockholder has launched litigation against the CEO and Board of Directors of the airline company, alleging that in its proposed merger with Frontier Airlines, the defendants failed to disclose proper information of the transaction and violated the Securities Exchange Act of 1934.
N.J. woman stands by claims that malpractice took the life of her husband
MEDIA – A New Jersey woman has reiterated medical malpractice claims against a number of Delaware County healthcare entities and professionals, for their alleged negligence which caused her late husband to die of a pulmonary embolism.
Plaintiff limits damages to $75K to get case in state court
PHILADELPHIA – Federal litigation from a local woman shopping at a suburban location of Designer Shoe Warehouse, who was injured after falling into an aisle’s endcap shelf and then brought suit against the footwear retailer, has been remanded to state court.
Defendants seek transfer of $2M case over delivery of COVID test kits
PHILADELPHIA – Defendants accused of not providing more than 151,000 COVID-19 test kits to a retailer who paid them nearly $2 million or alternatively, a refund, have argued the plaintiff’s claims should be dismissed for improper venue and for violating their mutual agreement’s forum selection clause.
Lawyers blame paralegal for release of Sherwin-Williams' trade secrets
ALLENTOWN – A battle for the levying of sanctions is still underway between an Easton couple and Sherwin-Williams, as the company wants a federal judge to sanction plaintiff counsel for the alleged dissemination of its confidential trade secrets.
Maryland man launches abuse allegations against Abraxas Youth & Family Services
PITTSBURGH – A Maryland man alleges that while a juvenile resident at a local rehabilitation center for delinquent youth, he was assaulted on numerous occasions, both physically and sexually, by staff members at the facility.
U.S. government wins dismissal of injury suit from woman injured in Philly's Washington Square
PHILADELPHIA – A federal judge has concurred with the U.S. government in believing that the Federal Tort Claims Act’s discretionary function exception (DFE) bars injury claims made by a local woman who suffered severe leg injuries in a fall over a metal barrier at Washington Square Park in Philadelphia, more than three years ago.
Black Pitcairn business owner allegedly targeted for harassment, opposes police officer's attempt at dismissal from case
PITTSBURGH – A Pitcairn business owner who claimed she was targeted for racial discrimination, harassment, code violations and false prosecution by local authorities after publicly criticizing the police’s perceived use of violence on Black citizens on social media, opposes one officer’s attempt to be dismissed from the case.
Class action lawsuit: One defendant dismissed from Shell Oil Company workers' action on overtime pay
PITTSBURGH – One defendant has been dismissed from litigation brought by workers at Shell Oil Company that alleges they did not receive time-and-a-half compensation when they worked overtime hours.
Pa. GOP challengers to recent selection of congressional map withdraw case without prejudice
HARRISBURG – A group of Pennsylvania Republicans has withdrawn its legal challenge to state officials surrounding the recent selection of a new congressional map, without prejudice.