Nicholas Malfitano News
Slip-and-fall in Borgata casino will remain in Pa. federal court, judge rules
PHILADELPHIA – A local woman’s negligence lawsuit brought after she slipped on the floor of the MGM Borgata’s Buffet in Atlantic City, New Jersey will remain in a Philadelphia federal court, after the defense’s attempt to dismiss it for improper venue was rejected by a judge.
Chester County woman's excessive force suit against Pottstown police officers survives dismissal motion
PHILADELPHIA – A federal judge has denied a motion to dismiss from Pottstown Hospital and Tower Health, which sought to throw out a Chester County woman’s litigation for excessive force injuries she claims she sustained in an arrest at the hospital almost three years ago by Pottstown police officers.
Plaintiff counsel argues Phila. has withheld key discovery documents in towing relocation class action
PHILADELPHIA – A class action lawsuit versus the City of Philadelphia over claims that its vehicle towing relocation program fails to both abide by due process and provide adequate notice or fair procedures for owners to locate and recover their vehicles after they have been moved, is embroiled in a heated discovery dispute over allegations the City has not provided required documentation.
Judge adds Butler County court as defendant in probation officer's discrimination case
PITTSBURGH – A federal judge has applied joinder to litigation brought by a Butler probation officer who alleged he was discriminated against by his superiors for requesting time off due to stress and anxiety, by approving the Butler County Court of Common Pleas to be listed as an additional defendant.
Chambersburg woman allegedly assaulted by Pa. State Police during DUI stop granted more time for service
HARRISBURG – A Chambersburg woman who alleged she was subjected to excessive force during a DUI traffic stop arrest by five troopers from the Pennsylvania State Police in January 2019, has been granted additional time to properly serve the defendants, albeit not through the U.S. Marshals Service.
Curran-Fromhold Correctional Facility disclaims inmate's allegations of cruel and unusual punishment
PHILADELPHIA – Curran-Fromhold Correctional Facility and several of its officials have denied claims from a former inmate of the institution that he was subjected to cruel and unusual punishment, including being denied clean sheets, showers and not being allowed to leave his cell during a two-month incarceration.
Class action plaintiff opposes Giant Eagle grocery store's attempt at sanctioning her
PITTSBURGH – A plaintiff suing Giant Eagle grocery stores for enforcing mask mandates against her despite her disability, is opposing the store’s attempt to seek legal sanctions to be levied against her and other plaintiffs in her class action suit.
Company defendant dismissed from wrongful death suit, after man was killed at landfill gate
PITTSBURGH – One company defendant has been dismissed from wrongful death litigation brought by the estate of a young man killed when an allegedly faulty gate at a landfill dropped onto his car.
Uber denies claims of passenger and friends who were allegedly almost killed by their driver
PITTSBURGH – Uber has answered litigation from a Western Pennsylvania man who claimed he and his friends were nearly killed by their driver in a ride-gone-wrong, arguing that his lawsuit fails to state a claim upon which relief could be granted.
Delco man says his mother's body was embalmed and cremated without his permission
MEDIA – A Chester man alleges that his mother’s body was transferred from a local hospital, embalmed and cremated without his knowledge or consent, despite the fact that he was the listed next-of-kin and should have been consulted about any such decision.
ALI approves controversial Restatement of Consumer Contracts at its annual meeting
WASHINGTON – At its annual meeting this week, the Philadelphia-based American Law Institute voted to approve a Restatement intended to give legal clarity to consumer contracts – a project which has been subject to controversy, since its foundation is said to diverge from established contract law in some respects.
Janitor claims he was targeted with repulsive behavior, as form of racial discrimination
PHILADELPHIA – A local man claims that he was racially targeted at his place of business during his janitorial shifts, and that his employer did nothing to remedy the series of events despite his making multiple reports of said discriminatory behavior.
Former admin employee loses racial discrimination suit against Clairton City School District
PITTSBURGH – Clairton City School District has won dismissal of a lawsuit filed by a former administrative employee alleging that she faced racial discrimination in her time working there, finding that the plaintiff’s claims were untimely filed.
Borough of Morton denies negligence allegations, in woman's suit over sidewalk fall
MEDIA – The Borough of Morton has denied responsibility for injuries suffered by a Delaware County woman when she fell on what she believes was a deficiently maintained sidewalk along Taylor Avenue.
Harrisburg says climate activists should not be granted injunction over upcoming event
HARRISBURG – The City of Harrisburg has requested that a preliminary injunction sought by a coalition group of climate change activists seeking to stage a mid-June rally there be denied, arguing that the activists have not shown reason for such an injunction to be imposed or that their constitutional rights were violated.
Parents sue Phila. School District, allege racist admissions policies for special schools
PHILADELPHIA – A trio of Philadelphia parents have brought a class action lawsuit against the School District of Philadelphia and numerous officials in its employ, charging that their children were denied admission to criteria-based schools due to the District’s allegedly discriminatory policies centered on race.
Fayette County inmate sues prison officials, alleges civil rights violations and inhumane conditions
PITTSBURGH – An inmate worker at Fayette County Prison who was injured during a scheduled assignment says prison officials hid the extent of his injuries and subjected him to inhumane living conditions during his time of incarceration.
Members stop lawsuit over nonprofit's Board of Directors selection process
PITTSBURGH – Four members of a non-profit organization looking to increase civic engagement in the Commonwealth of Pennsylvania who brought litigation, after they claimed the group violated its by-laws through not scheduling its annual meeting to vote on new members of the Board of Directors, have now discontinued their case.
Florist suing over bad reviews seeks to serve subpoena to Facebook
PHILADELPHIA – A florist who brought a defamation suit in response to poor reviews of his business and business practices which were posted on Facebook, now seeks to serve the social media platform with a third-party subpoena as a part of his case.
Wilkes-Barre plaintiff struck during car chase counters City's denials
SCRANTON – A Wilkes-Barre woman who claimed she suffered grievous injuries 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, has now refuted the City’s denials of liability in the case.