Nicholas Malfitano News
Homeowner who had been awarded $5.7M default judgment over flood claims, loses judgment and case
SCRANTON – A Dalton property owner who claimed the borough committed ongoing misconduct and trespass in its refusal to provide catch basins for 21 years, which then caused her property to suffer tremendous flooding damage and her to suffer physical and emotional distress, recently lost her case.
Ex-Manheim Township School District Superintendent alleges he was target of baseless harassment claims
LANCASTER – The former Superintendent of Manheim Township School District claims he was the subject of baseless allegations of gender and age-based harassment leveled against him by other employees of the District.
Philly man says he was assaulted by George W. Hill corrections officers
PHILADELPHIA – A Philadelphia man alleges he was the victim of an assault and battery by corrections officers, after visiting his girlfriend in custody at George W. Hill Correctional Facility in Delaware County.
Couple allege wife developed cancer after being treated with FDA-recalled scaffold
PITTSBURGH – A local couple allege that the wife-plaintiff developed breast cancer after not being informed that a surgical scaffold used in her 2015 breast augmentation surgery was the subject of an FDA recall, 10 days after said surgery.
Policy group advocates Pa. Supreme Court to adopt 1:1 ratio cap on punitive damages
WASHINGTON – A nonprofit, public-interest law firm and policy center has suggested the Supreme Court of Pennsylvania follow the example of the U.S. Supreme Court, and adopt a proportional cap on the subject of punitive damages.
Lawyers get $1M verdict for Philly cops, seek $800K in fees
PHILADELPHIA – After a jury ordered the City of Philadelphia to pay a total of $1 million to a pair of female, former Philadelphia police officers, who claimed they were the longtime targets of harassment and discrimination in a federal court lawsuit, counsel for the officers are now seeking more than $800,000 in attorney’s fees and costs.
Moses Taylor Hospital doc discounts negligence claims that his malpractice led to girl's appendicitis
SCRANTON – A physician from Moses Taylor Hospital has denied liability in a negligence and medical malpractice lawsuit he and others face from the parent of a minor girl who suffered a case of appendicitis.
In wake of settlement, federal judge dismisses excessive force suit against officers at SCI-Rockview
WILLIAMSPORT – After a settlement was completed in excessive force litigation brought by a prisoner currently in state custody against a number of corrections officials at SCI-Rockview, a federal judge ordered the case dismissed without prejudice.
Pottstown Hospital, Tower Health want Chester County woman's excessive force lawsuit dismissed
PHILADELPHIA –Pottstown Hospital and Tower Health are continuing their efforts to dismiss 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.
After Third Circuit orders undated Lehigh County ballots to be counted, SCOTUS denies stay
WASHINGTON – The U.S. Supreme Court denied an application for stay pending certiorari in a federal lawsuit first brought in Allentown, concerning whether or not 257 Lehigh County ballots missing the date on their outer envelopes will be officially counted in last November’s general election.
Lansdale shopper who said she was injured in slip-and-fall at Big Lots, settles her case
MEDIA – A Lansdale woman who alleged that her local Big Lots store created and failed to repair a tripping hazard on its premises, which led to her falling and becoming seriously injured while she was shopping there, has settled her claims.
Parkesburg couple settle injury claims with Best Western, over stage fall incident
LANCASTER – A Parkesburg couple have settled a case which alleged their local Best Western resort was negligent in using an elevated platform stage without railings, which caused one of the plaintiffs to fall from the platform and suffer a multitude of injuries.
Behavioral health associate settles retaliation and wrongful termination claims with drug facility
PHILADELPHIA – An associate at a drug treatment center has settled claims that his employer and its personnel violated public policy by retaliating against him for exercising his rights and making a good faith report of wrongdoing and waste.
Class action plaintiff provides their side of the story, in deposition dispute with Giant Eagle
PITTSBURGH – An individual among a group of class action plaintiffs opposes an attempt by Giant Eagle grocery stores to sanction him for missing two appointments to take his deposition.
Settlement for injury suit against Federal Express, which got attention from Pa. trial lawyers
PHILADELPHIA – A slip-and-fall injury suit against Federal Express which had attracted the attention of a leading organization for trial lawyers in Pennsylvania and was headed for trial this month, was recently settled.
Third Circuit concurs with District Court, on class certification for ERISA plan plaintiffs
PHILADELPHIA – A federal appellate court has affirmed a District Court decision which conferred class certification to plaintiffs enrolled in a retirement plan, who had alleged the company charged excessive record-keeping and administrative fees, and presented expensive investment options instead of more affordable alternatives.
Peoples Natural Gas points to co-defendant as being liable for plaintiff's mother's death from gas leak
PITTSBURGH – Peoples Natural Gas Company alleges its co-defendant is liable for negligence in piercing an underground gas main and failing to report the subsequent leak, which led to the death of the plaintiff’s mother from exposure to the gas.
Insurance coverage suit involving Folcroft Swim Club, where 13-year-old child drowned two years ago, continues
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, the swim club is lodged in another litigation brought by its insurance carrier, over whether the insurer has a responsibility to provide coverage in this matter.
Sherwin-Williams rejects plaintiffs' dispute of counsel fees after trade secret-disclosure sanctions
ALLENTOWN – Sherwin-Williams has responded to counsel for an Easton couple, who were recently sanctioned by a federal judge for dissemination of confidential trade secrets of the paint company, and who are now trying to reduce the amount in attorney’s fees requested by the defense as part of that same sanction.
McDonald's gets partial summary judgment against plaintiff who alleged supervisor sexually harassed her during job interview
PHILADELPHIA – A teenager who alleged that one of its managers showed her sexually graphic photos on his phone during her job interview at McDonald’s has voluntarily dismissed her negligence claim and been granted the opportunity to file a reply brief, while McDonald’s was partially granted its summary judgment motion.