Nicholas Malfitano News
Law firm's former marketing officer settles discrimination case against the group
PHILADELPHIA – The former chief marketing officer for a Philadelphia law firm who alleged she was fired when she complained of supposed racially discriminatory practices within the firm to higher management, has settled her claims.
Florist says bad Facebook reviews from anonymous defendant defamed his reputation and business
PHILADELPHIA – A florist has brought a defamation suit in response to poor reviews of his business and business practices which were posted on Facebook, alleging that the criticism had harmed his personal and professional reputation, besides being tantamount to invasion of privacy.
Due to lack of contract, PPE provider says suit over kiboshed $2 million deal can't be dismissed
PHILADELPHIA – A retailer of personal protective equipment who alleged it was fraudulently induced to spend nearly $2 million in ordering a purchase of more than 151,000 COVID-19 test kits, yet never received them, now adds the lack of a valid contract can’t be used as a rationale for dismissal by the defendants.
Wilkes-Barre denies that negligence from police officers chasing suspect caused plaintiff's injuries
SCRANTON – The City of Wilkes-Barre and its police officers have denied liability for injuries suffered by a woman when, as a pedestrian crossing the street in that city, she was struck by a car driven by a suspect who was fleeing arrest from officers of the Wilkes-Barre Police Department.
Planning and architecture firm denies overbilling Cheltenham Township in the six figures
NORRISTOWN – A planning, engineering and architecture firm has denied allegations made by Cheltenham Township that it overbilled the municipality by hundreds of thousands of dollars in a Montgomery County court.
U.S. Supreme Court will review Pa.'s consent-by-jurisdiction statute in toxic exposure case
WASHINGTON – The U.S. Supreme Court will now consider whether or not it is constitutional for out-of-state companies to accept jurisdiction under Pennsylvania law as a mandate for doing business in the Commonwealth, an outcome sure to have tremendous ramifications on litigation both statewide and nationwide.
Delco man says he was defamed, after anonymous neighbor spread rumors about his shed
MEDIA – A Delaware County homeowner says that due to the efforts of anonymous local individual distributing flyers false alleging that he is in possession of an unauthorized shed structure on his property, that he has suffered defamation and invasion of privacy.
Lawsuits against The Gap over arrests of Black women for shoplifting consolidated
HARRISBURG – The Gap has won consolidation of 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.
Pittsburgh School District defends firing of teacher who allegedly made racist Facebook post
PITTSBURGH – The Pittsburgh School District and its entire Board of Education have defended the firing of a former veteran teacher, arguing that her posting of a right-wing article on her personal Facebook page accompanied by racist language was an offense punishable by termination.
Comic creators with class action fraud case say federal jurisdiction is proper
HARRISBURG – More than three dozen comic creators have countered a Pennsylvania publisher’s dismissal motion towards their class action claims, suggesting that jurisdiction is correct on the federal court level given the large amount in collective damages they are seeking.
FOX 29 news anchor's improper image use case against Facebook returns to District Court
PHILADELPHIA – A local television news anchor’s litigation against a series of social media entities for an alleged improper use of her image across the Internet is now back in a Philadelphia federal court, after the U.S. Court of Appeals for the Third Circuit reinstated it last fall.
Man with lung condition who couldn't wear mask when shopping says supermarket violated state law
PITTSBURGH – A Western Pennsylvania man with a chronic lung condition says his local supermarket violated the Pennsylvania Human Relations Act, when it turned him away for his decision not to wear a mask while shopping in June 2020.
Judge grants partial stay to officers in civil case from man arguing he was wrongly convicted of murder
PHILADELPHIA – A federal judge has partially granted a stay to two police defendants from their involvement in the civil rights violation case of a man who argues he was erroneously convicted of three murders, for which he served 28 years in prison – since they feel their testimony may be used against them in another criminal case.
Parents of 13-year-old boy who drowned at Folcroft Swim Club contend insurer should provide coverage
MEDIA – After the parents of a 13-year-old child who drowned at Folcroft Swim Club more than two years ago filed a wrongful death lawsuit against the facility, they add that, in separate-but-related litigation brought by the facility’s insurance carrier, the insurer has a responsibility to provide coverage in this matter.
Arbitration award reached in Philly couple's suit against Bensalem fitness facility
PHILADELPHIA – Litigation between a Philadelphia couple and a Bensalem fitness facility, which claimed that the gym was negligent in maintaining the safety of its treadmill machines and as a result the wife-plaintiff fell and suffered severe injuries, has resulted in an arbitration award.
Employees sue Philadelphia Flyers, say Zamboni caused incurable disease
PHILADELPHIA – Two officials from the Philadelphia Flyers are now suing the hockey team and others in state court, charging that incurable diseases the men developed resulted from their exposure to cancer-causing chemicals emitted from the Zamboni machines used to clean the ice in between periods.
Parties contesting motion for judgment, in legal malpractice case linked to $1 million bankruptcy action
PITTSBURGH – Parties involved in litigation connected to allegedly inadequate representation of a Pennsylvania contractor, one who lost $1 million in an underlying bankruptcy action, are continuing to contest a motion for judgment on the pleadings to potentially decide the case.
Judge denies motion for judgment on pleadings, in defamation case involving Eddystone pols
MEDIA – A state court judge has denied a motion for judgment on the pleadings and/or dismissal, in a case from a former member of the Borough of Eddystone’s Civil Service Commission who claimed he was removed from that post and defamed during a council meeting by the mayor and a councilperson regarding his alleged criminal record, which he stated does not exist.
Juvenile rehabilitation center moves for Forest County court transfer, of sexual assault case
PITTSBURGH – Counsel for a local rehabilitation center for delinquent youth continues to insist that sexual assault litigation filed against their clients by a Western Pennsylvania man should be transferred to a Forest County court.
Clairton City School District maintains desire to dismiss ex-admin's racial discrimination suit
PITTSBURGH – Clairton City School District has re-argued that a lawsuit filed by a former administrative employee alleging that she faced racial discrimination in her time working there, failed to state claims upon which relief could be granted and did not show that the plaintiff is entitled to punitive damages.