Nicholas Malfitano News
Verizon wins summary judgment against White Deer Township zoning board, over placement of cell tower
WILLIAMSPORT – Verizon has won its motion for summary judgment in a case in which it argued that a municipal zoning board in North Central Pennsylvania violated federal law in denying it the opportunity to build a cell phone tower, and that the denial prevented a sizable population area from obtaining its wireless telecommunications services.
Federal judge allows discrimination, harassment claims against hat factory to survive
PHILADELPHIA – A federal judge has found that a longtime machine operator and materials handler has lodged credible claims of racial discrimination and harassment, and denied a dismissal motion filed by an Adamstown hat factory.
TikTok argues it's not liable for death of 10-year-old girl from 'Blackout Challenge'
PHILADELPHIA – Citing jurisdictional and statute-based arguments, TikTok denied claims from the mother of a 10-year-old child who died in December as a result of attempting a “Blackout Challenge” she saw on the social media app.
Delaware funeral home denies it embalmed and cremated plaintiff's mother without his consent
MEDIA – A Delaware funeral home has denied that it embalmed and cremated a Chester man’s mother without his knowledge and consent, countering that his complaint fails to state a claim where relief could be granted.
Ex-Hershey employee says he was fired after being discriminated against
SCRANTON – A control specialist at the Hershey Company plant with a dermatological condition and anxiety disorder alleges he was treated unfairly and then fired, after explaining his issues to his supervisor and being granted medical leave.
Nurse at St. Clair Health brings class action litigation saying employees weren't paid for extra shifts
PITTSBURGH – A registered nurse has brought class action litigation for breach of contract and violation of the Pennsylvania Wage Payment Collection Law, on behalf of herself and others employed by St. Clair Health, and who were allegedly not properly paid for working extra shifts.
Delco plaintiff hits back at Richards Homewares' summary judgment motion in her injury suit
PHILADELPHIA – A Delaware County plaintiff who alleged she was injured by a malfunctioning shelf shower organizer has countered a motion for summary judgment from Richard Homewares, who denied it was responsible for her injuries.
Medical company is dismissed from breast cancer suit over FDA-recalled surgical scaffold
PITTSBURGH – One medical company has been dismissed from a couple’s litigation alleging 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.
Monroeville hospital says woman's negligence action is brought on untenable grounds
PITTSBURGH – Counsel for a Monroeville hospital has filed preliminary objections in a Western Pennsylvania woman’s negligence lawsuit, arguing that her choice to categorize the action as a premises liability litigation was done to gain an unfair advantage and is not supported by law.
Suit: Plaintiff's right ankle fracture the result of electric scooter bought on eBay
PITTSBURGH – A Western Pennsylvania woman claims she was seriously injured by the electric scooter she bought on eBay, when its handlebars suddenly collapsed, causing her to lose her balance and fall, sustaining a right ankle fracture.
Judge: Plaintiffs who suffered cardiac damage from licorice and sued Hershey's can continue their case
HARRISBURG – A federal judge has denied an attempt by chocolate and candy manufacturer Hershey to dismiss litigation from four plaintiffs who claimed they suffered permanent cardiac damage as a result of eating Hershey-brand black licorice.
Plaintiff claiming he was nearly killed by his Uber driver counters company's denials
PITTSBURGH – A Western Pennsylvania man who said he and his friends were nearly killed by their Uber driver when the driver ordered them all out of the vehicle, chased them and discharged a firearm very close to the plaintiff’s head, has countered Uber’s denials of liability in his case.
Couple who after 4-year-old daughter allegedly molested in defendants' home settle claims
PITTSBURGH – A western Pennsylvania couple who sued a pair of Pittsburgh homeowners and their nanny for negligence after their four-year-old daughter was allegedly molested in the defendants’ home have settled their claims.
Third Circuit: Appointment of custodian for Republic First Bank matter was unnecessary
PHILADELPHIA – A federal appellate court has ruled that appointing a custodian to oversee the affairs of Republic Bank was not required, even as it also OK’ed the ouster of a member of the bank’s Board of Directors.
Counsel for former Philly cops who received $1M jury verdict win over $800K in attorney's 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 has further won more than $800,000 in attorney’s fees and costs, and the defense’s request for a new trial has been denied.
Berks County man alleges he received beating and broken pelvis from Pa. State Police
ALLENTOWN – A Berks County man alleges he was savagely beaten by Pennsylvania state troopers, had his hands handcuffed behind his back and escorted to a six foot-high fence, where he was then lifted and thrown over the opposite side, fracturing his pelvis, two years ago.
Fracking companies object to litigation surrounding plaintiff's health and property damage
PITTSBURGH – Fracking companies have filed preliminary objections in litigation brought by a Western Pennsylvania man, a plaintiff who allegedly suffered a number of health complications and diminished value of his property.
California man who said Israeli influencer and Pa. man defrauded him of $90K, now seeks default judgment
PITTSBURGH – A California man who claimed that he was defrauded of $90,000 he paid to an Israeli lawyer and jewelry company founder, under the pretense that they were to form a professional and potentially romantic partnership, is now seeking a default judgment.
Parking garage co-defendants join forces on objection to injured Wisconsin plaintiff's case
PITTSBURGH – The owner of a Pittsburgh parking garage has joined its preliminary objections to that of one of its co-defendants, believing 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 improperly pled.
Delco man says he was assaulted by Upper Chichester Township police officers in 2020
PHILADELPHIA – A Delaware County man claims he was the victim of excessive force and suffered several serious injuries, when he was allegedly assaulted without warning by several members of the Upper Chichester Township Police Department two years ago.