Nicholas Malfitano News
Pittsburgh company says allegations of recklessness in parking garage fall weren't proven
PITTSBURGH – A Pittsburgh company argued that a Wisconsin couple’s allegations of its reckless conduct, during a series of events which led the wife-plaintiff to fall and suffer a severe leg injury, were ill-founded and unproven.
Judge: Certificate of merit not necessary in woman's negligence suit against Forbes Hospital
PITTSBURGH – A state court judge has ruled that filing a certificate of merit was not necessary, in a Western Pennsylvania woman’s negligence lawsuit which alleged she suffered serious injuries when her walker caught on a hospital’s floor carpet and she subsequently fell.
Ohio trucking company and driver oppose plaintiffs' attempt at obtaining new trial
ERIE – An Ohio trucking firm and one of its drivers, after being found not negligent in an accident with a Meadville man, are opposing the plaintiffs’ attempt to motion for a new trial on the grounds of improper jury instruction.
Fox Chapel Area School District denies it committed age discrimination against art teacher
PITTSBURGH – An Allegheny County school district has denied that it committed age discrimination and violated federal law, when it transferred a longtime art teacher from instructing at the middle school level to the elementary school level.
Parents sue Mount Lebanon school officials after first-graders were taught about gender dysphoria and transgender transitioning
PITTSBURGH – Three parents have filed a lawsuit in a Pennsylvania federal court, alleging their civil rights were violated when the Mount Lebanon School District provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.
Wrongful death suit brought, after mentally ill man is shot and killed by Plymouth Township police
PHILADELPHIA – The family of a mentally-ill man killed in a police-involved shooting in Plymouth Township have sued the municipality and ten of its police officers for survival and wrongful death.
CVS and Just For Men seeking confidential protective order in case from man who suffered vitiligo
PHILADELPHIA – Along with its co-defendant, CVS is seeking a confidential protective order in litigation filed by a Delaware County man, who alleged he suffered permanent vitiligo from using the products he purchased at one of its local pharmacy stores.
Judge pauses malicious prosecution suit from Wilkinsburg murder suspect, rejects DA's Office intervention
PITTSBURGH – In lieu of a halted intervention from the Allegheny County District Attorney’s Office and related discovery issues, a federal judge has temporarily paused a malicious prosecution suit from one of two men who was accused of murdering six people and an unborn child in a mass shooting in Wilkinsburg in 2016.
Trinity Area School District seeks more info in basketball player's retaliation suit
PITTSBURGH – Trinity Area School District is seeking more definitive statements in litigation brought by a 16-year-old student and girls basketball player at Trinity High School, who alleged she was subject to retaliation after reporting allegations of a sexual assault committed against another student by a member of the boys’ basketball team.
Adult shop proprietor says Upper Merion Township regulations violate its constitutional rights
PHILADELPHIA – The proprietor of an adult store in Upper Merion Township is seeking to have a declaratory judgment issued that the township’s zoning codes and ordinances are unconstitutional, and thus, violated the plaintiff’s rights under the First and Fourteenth Amendments to the U.S. Constitution.
Upper Darby Township Council wants legal approval for forfeiture of chief administrator's job
MEDIA – The Upper Darby Township Council is seeking a judgment in Delaware County court to declare its recent action to forfeit the office of the township’s Chief Administrative Officer as lawful.
Dollar Tree says access to plaintiffs' medical records is crucial for mediation of race discrimination suit
HARRISBURG – Dollar Tree is seeking the plaintiffs’ medical records in litigation from a Harrisburg woman who claimed that her 13-year-old son was racially targeted by management at a local branch and falsely accused of shoplifting, nearly being arrested by police who responded to the scene.
Health care company brings objections in Allison Park woman's wrongful death suit
PITTSBURGH – A health care company has filed preliminary objections to 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.
Phila. ADA seeks to be dismissed from woman's false arrest suit over alleged firearms violations
PHILADELPHIA – A local assistant district attorney is seeking dismissal from a lawsuit brought by a woman who argued she was falsely arrested by Philadelphia authorities for firearms permit violations and later brought to trial, where she was ultimately found not guilty due to the fact that her permit was still active when she was taken into custody.
Third Circuit finds U.S. government immune from anonymous FBI employees' investment pay claims
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled that the United States government is immune from claims brought by a quartet of federal employees against it, for investment gains they said they would have received if the government made its retirement plan contributions on time during a 2018 shutdown.
After tractor-trailer collides with train in fatal crash, decedent's daughter files wrongful death litigation
PITTSBURGH – A North Carolina woman alleges that the death of her father in tractor-trailer/train collision was the fault of the Norfolk Southern rail company and others, who allegedly failed to take proper safety measures that would have prevented the crash.
Easton Area School District offers opposing brief to Black wrestling coach's discrimination suit before trial
ALLENTOWN – On the eve of trial, the Easton Area School District argues that standing does not exist in litigation brought by an ex-varsity high school wrestling coach, who alleged he faced discriminatory and racist conduct, including being fired, because he is Black.
Man paralyzed in swimming pool says party hosts negligently overserved him alcohol before accident
PITTSBURGH – A man who suffered a severe spinal cord injury at a house party where alcohol was consumed argues that his paralysis was the result of the party hosts’ negligence in allowing him to be overserved with alcohol.
Pond Lehocky denies various unfairness claims of former attorney who battled testicular cancer
PHILADELPHIA – A prominent workers’ compensation law firm has vehemently denied it terminated a former employee for seeking accommodations during his bout with testicular cancer, and seeks to dismiss his claims, including those for punitive damages.
Monessen residents' class action nuisance lawsuit versus landfill survives dismissal motion
PITTSBURGH – A class action, nuisance-based lawsuit from a group of Westmoreland County residents against a local landfill has survived a motion to dismiss in a Pennsylvania federal court.