Nicholas Malfitano News
N.Y. attorney motions for judgment in case brought by Pa. contractor who lost $1 million in bankruptcy action
PITTSBURGH – A New York City attorney has motioned for judgment on the pleadings in response to allegations that he and his firm provided inadequate representation to a former client, a Pennsylvania contractor who lost $1 million in an underlying bankruptcy action.
Delco banquet hall owner settles zoning permit lawsuit with City of Chester
MEDIA – A Delaware County banquet hall owner who alleged that the City of Chester violated his constitutional rights by revoking a zoning permit issued to him based on erroneous information, has settled his claims.
Traffic company files third-party complaint against construction firm it says is responsible for woman's injuries
PHILADELPHIA – A traffic system company defendant has filed a third-party complaint against a construction company it claims is responsible for injuries suffered by a local woman, who fell allegedly due to an overturned traffic control sign.
Judge throws out lawsuit from Berks County Prison detainees over COVID-19 outbreak
ALLENTOWN – A federal judge has dismissed with prejudice litigation from pre-trial detainees at Berks County Prison who alleged their constitutional rights were violated when the prison was locked down due to a COVID-19 outbreak.
Hat factory denies its employees committed racial transgressions against former employee
PHILADELPHIA – An Adamstown factory has denied that it engaged in various forms of racial discrimination and harassment against one of its longtime machine operator and materials handlers.
Lawsuit: Child's permanent brain and bodily injuries the fault of St. Clair Hospital staff
PITTSBURGH – A Canonsburg couple say their child was born with severe bodily impairments after the delivery staff at St. Clair Hospital performed negligently during childbirth in September 2017.
Juvenile rehabilitation center re-argues that sexual assault suit against it should be transferred to Forest County
PITTSBURGH – Counsel for a local rehabilitation center for delinquent youth has re-argued that the Forest County Court of Common Pleas would be the proper venue for litigation alleging that a Western Pennsylvania man was repeatedly assaulted both physically and sexually by staff members at the facility.
Confidential protective agreement approved in Norvelt man's injury suit over up-cut saw
PITTSBURGH – The parties involved in a negligence and strict liability lawsuit brought after an up-cut saw severed his right hand just above his wrist during his work, have agreed that disclosure of confidential proprietary information about the product in question, are restricted to a limited list of professionals involved.
Northeast Philly church's breach of contract suit against insurance carrier remanded to state court
PHILADELPHIA – A Northeast Philadelphia church’s lawsuit contending that its insurance carrier committed breach of contract by failing to cover its losses of water damage sustained when a drain line failed, is returning to its court of origin.
Parents of boy allegedly poisoned at his Philly school petition for $265K settlement
PHILADELPHIA – A proposed settlement of $265,000 is on the table in litigation from the parents of a Philadelphia child who allegedly suffered from toxic lead exposure at his local elementary school against the school district, which alleged state-created danger and negligence claims.
Delaware auto loan firm ordered to comply with AG Shapiro's subpoena
HARRISBURG – The Commonwealth Court of Pennsylvania has concurred with a Philadelphia state court, in ordering that a Delaware-based auto loan business must comply with a subpoena from state Attorney General Josh Shapiro.
Parents settle claims with Pittsburgh, state authorities after death of their son
PITTSBURGH – A Coraopolis couple have discontinued their case with both city and state authorities regarding the death of their son, who was killed when a sidewalk railing he was next to unexpectedly gave way.
Brookhaven Council President denies he defamed former Recreation Commission Chair on social media
MEDIA – The Borough of Brookhaven’s Council President has denied allegations that he engaged in defamatory conduct against the Borough’s former Recreation Committee Chairperson on social media last year.
After death of Coatesville nursing home resident, $150K settlement in play
PHILADELPHIA – A Colorado-based estate is ready to settle claims that the death of a Coatesville nursing care facility resident from an inter-cranial hemorrhage nearly three years ago was the result of negligent care on the part of the facility and its staff, for $150,000.
Pa. trooper denies he subjected Chester County man to illegal and wrongful process during DUI stop
PHILADELPHIA – A Pennsylvania state trooper has denied that he illegally subjected a Chester County man to detainment, search, arrest and a blood test for DUI without probable cause.
Judge denies default judgment to juvenile detention facility therapist, who alleged racial discrimination
SCRANTON – A federal judge has denied the issuance of a default judgment in consolidated litigation brought by a therapist at a Pennsylvania juvenile detention and rehabilitation facility, who claimed he faced racial discrimination and retaliation for reporting physical and mental abuse at the facility.
Pittsburgh and Pennsylvania again try to dismiss AT&T suit over small cell wireless facilities
PITTSBURGH – The City of Pittsburgh and Commonwealth of Pennsylvania have now made their second attempt to dismiss litigation from AT&T, which asserted that the defendants violated the Telecommunications Act of 1996 by their limiting of the company’s ability to place wireless facilities on telephone poles in the City’s rights-of-way.
Philly woman says she was seriously injured when she fell over negligently placed traffic sign
PHILADELPHIA – A local woman claims that a negligently-placed and overturned traffic control sign placed on a city sidewalk caused her to fall and suffer serious injuries.
Third Circuit denies injunction to Vietnam War veterans group, over planned parade during COVID-19
PHILADELPHIA – A trio of federal appellate court judges have concurred with a Philadelphia trial court, in denying a local organization honoring Vietnam War veterans an injunction to proceed with a memorial parade, against citywide restrictions on gatherings previously implemented due to the COVID-19 pandemic.
Clairton City School District wants to dismiss former administrative employee's racial discrimination suit
PITTSBURGH – Clairton City School District argues that a lawsuit filed by a former administrative employee alleging that she faced racial discrimination in her time working there, has failed to state claims upon which relief could be granted and did not show that the plaintiff is entitled to punitive damages.