Nicholas Malfitano News
Judge dismisses suit claiming TD Bank should have prevented deposits of embezzled funds
ALLENTOWN – A federal judge has dismissed litigation brought by a legal group and two law firms against TD Bank, which claimed that the bank was negligent and should have detected that the plaintiff’s employee had embezzled funds and deposited those funds at the bank.
Pittsburgh man allegedly injured in Advance Auto Parts parking lot loses case
PITTSBURGH – A Pittsburgh man who allegedly suffered a broken hip during a fall which occurred in the parking lot of an Advance Auto Parts store has seen his case thrown out due to summary judgment dismissal.
Federal judge sends suit over alleged injuries at Costco back to original Montco court
PHILADELPHIA – A federal judge has remanded to state court the case of a Doylestown couple who alleged that Costco is liable for severe bodily injuries suffered by the wife-plaintiff while shopping in the company’s store in North Wales.
Plaintiff alleging traffic sign caused her to fall on Philly sidewalk, seeks remand to state court
PHILADELPHIA – A local woman who claimed that a negligently placed and overturned traffic control sign placed on a city sidewalk caused her to fall and suffer serious injuries, now wants to remand her case to state court.
Citing jurisdiction, Pa. publisher wants class action suit from comic creators thrown out
HARRISBURG – For jurisdictional and other reasons, a Pennsylvania publisher is seeking to dismiss class action claims from more than three dozen comic creators who alleged that the organization showed a lack of communication, statements, marketing, changed publishing plans and failed to pay them.
Delco man refutes landscaper's disavowal of liability, says negligence led to mother's death
MEDIA – A Delaware County man continues to reiterate claims against the owners and operators of the condominium complex where his late mother lived, alleging a fall she suffered on their property caused injuries whose repairs later led to her death.
For second time, Giant Eagle wants sanctions imposed on plaintiffs who sued over COVID-19 mask usage
PITTSBURGH – For the second time, defense counsel for Giant Eagle grocery stores is seeking sanctions to be levied against several plaintiffs claiming their disabilities prevent them from wearing face coverings in stores during the coronavirus pandemic, claiming they’ve evaded proper discovery procedures and engaged in misconduct.
Estate of deceased man tasered by Pittsburgh police after alleged bicycle theft sues officers involved
PITTSBURGH – The estate of a deceased man, who was tasered nine times by a Pittsburgh police officer due to being initially considered a suspect in a bicycle theft and who later died from his injuries, is now suing the City of Pittsburgh and the officers involved in the incident.
Chester charter school tries to dismiss lawsuit over 2015 sexual assault on school bus
PHILADELPHIA – A Chester-based charter school has reiterated its desire to dismiss litigation from a local woman who alleged 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.
Plaintiff alleging construction firm pierced gas main, caused mother's death wants to add gas company as defendant
PITTSBURGH – A Western Pennsylvania woman who claimed that a local contractor’s negligence in piercing an underground gas main and failing to report the subsequent leak led to the death of her mother from exposure to the gas, seeks to add the natural gas company in question.
Defendants wants case over unpaid legal fees of $229K sent to N.J. federal court
PHILADELPHIA – A New Jersey couple accused of non-payment of more than $229,000 in legal fees from a Philadelphia law firm, have motioned to transfer the case to federal court in the Garden State, based on a theory of improper venue.
Law firm wants plaintiff alleging discriminatory treatment to be sanctioned
ALLENTOWN – For not responding to associated discovery requests, a Philadelphia law firm insists that sanctions be levied upon its former officer manager, a woman of Hispanic origin who alleged that she and a fellow co-worker were discriminated against during their tenure because of their ethnic background.
The Gap looking to consolidate lawsuits over alleged wrongful arrests of Black women for shoplifting
HARRISBURG – The Gap is looking to consolidate separate lawsuits concerning the same incident, where several Derry Township police officers allegedly committed wrongful arrest and process by profiling and taking into custody Black women shopping at the store for supposed theft, before later releasing them when it was learned that they had in fact committed no crime.
Shoppers who were trampled during escape from Park City Mall shooting sue mall and security firm
LANCASTER – A pair of shoppers at the Park City Mall who survived a shooting incident last October, but who were also trampled in the panic which ensued when the gun discharged inside the mall, have brought suit against the mall and its security company.
Girls' basketball player alleges retaliation after reporting sexual assault
PITTSBURGH – A 16-year-old student and girls’ basketball player at Trinity High School contends she was the target of retaliation from school district officials, after she reported allegations of a sexual assault committed against another student by a member of the boys’ basketball team.
Chaplain who said she was discriminated against due to stomach condition settles with Delaware County
PHILADELPHIA – A chaplain with a gastrointestinal condition has settled litigation claiming she was discriminated against in her workplace because of that very same condition.
Mo. health care marketer refutes defendant's counterclaims in $1.4M breach of contract suit
ALLENTOWN – A Missouri-based health care marketing firm has refuted counterclaims introduced by a Pennsylvania laboratory testing company, within a $1.4 million breach of contract action between the organizations.
Podiatrist denies negligence allegations in case of amputated leg
WILKES-BARRE – A West Pittston podiatrist and his practice have officially denied all claims of negligence and medical malpractice levied against them by a Luzerne County physician who claimed that the former’s malpractice led to the amputation of his right leg.
Doylestown plaintiffs agree with Costco to limit maximum damages in injury suit to $75K
PHILADELPHIA – A Doylestown couple who alleged that Costco is liable for severe bodily injuries suffered by the wife-plaintiff while shopping in the company’s store in North Wales, have agreed with the retailer to a limitation on damages.
Pittsburgh man launches negligence lawsuit, after wife drowns on anniversary trip in St. Martin
PITTSBURGH – A Pittsburgh man alleges in wrongful death litigation that a Delaware County vacation-planning company negligently contributed to the drowning death of his wife, during a vacation the two had taken to St. Martin to celebrate their 35th wedding anniversary.