Nicholas Malfitano News
Developer behind controversial building application in Swarthmore allowed to intervene
MEDIA – The developer behind a building application and proposed demolition of two historic buildings on Park Avenue in Swarthmore has been granted permission to intervene in litigation brought by borough residents seeking to prevent such action.
Health care company should be dismissed from wrongful death suit, co-defendants say
PITTSBURGH – One health care company is seeking to be dismissed from litigation alleging that an Allison Park plaintiff’s 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.
Judge overrules objections of bank named in senior citizen's multimillion-dollar fraud case
PITTSBURGH – In a senior citizen’s case which alleged her bank failed to protect her and her sizable accounts from fraud and resulted in her losing millions of dollars to con artists, a state court judge has overruled the bank’s preliminary objections to her case.
Suit: Drop-off located next to handicapped parking space, led to plaintiff's leg injuries
PITTSBURGH – A Wisconsin couple claims that the presence of an unmarked and unprotected drop-off located next to the handicap space where their friend’s vehicle was parked, led the wife-plaintiff to fall and suffer a severe leg injury.
Federal court retains suit alleging gymnastics counselor sexually abused plaintiffs' child
WILLIAMSPORT – A lawsuit which alleged that a gymnastics camp counselor sexually abused the plaintiffs’ child and that the facility staff threatened the child and failed to report the abuse as required by law, will remain in a federal court.
Northumberland County man alleges daughter committed suicide in jail due to inadequate staffing
WILLIAMSPORT – A Northumberland County man alleges that staffing at the county jail was inadequate and ineffective, leading to his daughter’s suicide when she found herself incarcerated at the facility on drug charges.
Giant Eagle says face mask plaintiff failed to appear for depositions twice, should be sanctioned
PITTSBURGH – Giant Eagle grocery stores is pushing for sanctions against one of a group of class action plaintiffs suing it for enforcing mask mandates, despite their disabilities.
Mom blames apartment complex when son is cut by broken glass
MEDIA – A Swarthmore woman says her young son was severely cut by broken glass at her apartment complex, and that both it and its real estate company are mutually negligent in causing that event.
Counsel reach consensus on timeline of plaintiff's stay at Abraxas facility, where alleged assault occurred
PITTSBURGH – Counsel for all parties involved in litigation surrounding an alleged sexual assault at a local rehabilitation center for delinquent youth have reached a mutual stipulation on the plaintiff’s placement at the center.
Delco hospital wants punitive damages stricken from widow's wrongful death suit
MEDIA – Counsel for a Delaware County hospital are seeking to strike allegations of recklessness and claims for punitive damages from a Georgia woman’s lawsuit, brought after the hospital and its personnel were said to have failed to diagnose and monitor her late husband’s medical condition, which led to him passing away from cardiac arrest soon after his discharge.
Wrongful death suit says woman with dementia was left alone and later drowned in pool
PITTSBURGH – A Penn Hills man has filed a wrongful death lawsuit against the U.S. Department of Veterans Affairs, a local taxi cab company and a homeowner, alleging that they collectively caused the death of his wife.
Judge sends dispute between businessman and Lyft over philanthropy initiative to arbitration
PHILADELPHIA – A federal judge has sent litigation from a Philadelphia entrepreneur and musician who claimed rideshare company Lyft stole and misappropriated his concepts for corporate philanthropy without compensation for 90 days, to arbitration.
Health care group dismissed from wrongful death suit over woman's epidural
MEDIA – One company has been dismissed from litigation which claimed that a number of Delaware County health care entities improperly administered an epidural injection to a pregnant woman and caused her death.
Park City Mall owner denies liability for injuries suffered by plaintiffs who survived shooting
LANCASTER – The Park City Mall has denied liability for a shooting incident which occurred at the site last October, and then caused a pair of shoppers trampled in the ensuing panic to sue them and the mall itself.
Man accused of assaulting nurse colleague denies all allegations made against him
SCRANTON – A man with a supposed history of violent behavior towards his colleagues and who allegedly assaulted a licensed practical nurse at work, denies the allegations against him in an answer to the plaintiff’s complaint.
EPA settles with U.S. Steel for $1.5M and facility's compliance with federal law
PITTSBURGH – The U.S. Environmental Protection Agency’s litigation against U.S. Steel for extensive air pollution violations at its facility in Braddock saw the filing of a proposed consent decree the same day, which would see the company pay $1.5 million and remediate conditions at the plant.
Plaintiffs who claim faulty wiring led to fire in rented home counter Virginia landlords' denials
PITTSBURGH – A Pittsburgh couple have countered the denials of their Virginia-based landlords, in a case where the plaintiffs allege that faulty wiring nearly caused a fire in the home they rented in Penn Hills.
Man who fell off ladder and sued manufacturer, Home Depot and Lowe's, settles claims
ALLENTOWN – A Pennsylvania man who fell off a ladder on the job, sustained a litany of serious injuries and filed suit against the ladder manufacturer, Home Depot and Lowe’s, has settled his claims.
Slovene defendants want to depose both man who fell out of tree at festival and his mother
PITTSBURGH – An Enon Valley recreation center and Slovene benefit society are seeking to depose an Illinois man and his mother, after litigation they filed had claimed he was paralyzed by a fall from a tree during a music festival on the defendants’ property.
Sanctioned counsel for Easton couple suing Sherwin-Williams wants opposing attorneys' fees reduced
ALLENTOWN – Plaintiff counsel for an Easton couple, who were recently sanctioned by a federal judge for dissemination of confidential trade secrets to paint company Sherwin-Williams, are now trying to reduce the amount in attorney’s fees requested by the defense as part of that same sanction.