Nicholas Malfitano News
Spirit of Philadelphia yacht says injuries are plaintiff's fault
PHILADELPHIA – The Spirit of Philadelphia yacht does not believe it is responsible for negligence-related injuries allegedly suffered by a Chester County woman while she was on board on the vessel.
Trinity Area School District says details are lacking in girls' basketball player's retaliation suit
PITTSBURGH – Trinity Area School District contends that amended litigation brought by a 16-year-old student and girls basketball player at Trinity High School, which 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, has not introduced more detailed information to support its claims.
Man's icy fall on Three Rivers Heritage Trail not our fault, riverfront maintenance group says
PITTSBURGH – Friends of the Riverfront (FOR) have disavowed liability for negligence-related injuries allegedly suffered by a Canonsburg man, who said he fell on ice during a walk on the Three Rivers Heritage Trail.
Stay of litigation between Susquehanna River group and food processor extended, while solution is devised
HARRISBURG – A Pennsylvania waterway environmental group and a food processing company have continued a stay of litigation the two parties are involved in over claims of the latter polluted Oil Creek and the Susquehanna River, violating the state Clean Streams Law and the federal Clean Water Act in the process.
Judge rules man's reward suit against Pa. State Police is appropriate for state court, not federal court
SCRANTON – A federal judge has granted the Pennsylvania State Police’s motion for summary judgment in connection with a contractual claim brought by a man who alleged he provided information critical to the capture of a cop killer in 2014, and the case will now be directed to a Monroe County court.
Philadelphia Parking Authority looks to have suit over alleged seizure and sale of vehicle thrown out
PHILADELPHIA – The Philadelphia Parking Authority has motioned to dismiss litigation brought by a car dealership, which alleged the City of Philadelphia illegally seized one of its stolen vehicles and then sold it at auction.
Upper Darby Township councilman sues colleagues over its actions in dismissing administrator
MEDIA – An Upper Darby Township councilman has filed litigation against his colleagues on that governing body and the township, seeking a declaratory judgment that its recent actions to remove the Chief Administrative Officer from office and subsequently, from a public meeting, constitute Sunshine Act violations.
Philly woman who said she was wrongly arrested by Phila. police for firearms violations loses case
PHILADELPHIA – A local woman who claimed 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, has lost her case.
Delaware couple who said hair dye burned and discolored husband's scalp settle claims
MEDIA – A Delaware couple who alleged that negligence on the part of a local hair salon led to the male plaintiff suffering hair loss, skin discoloration and patching, after a hair color and dye was applied to his scalp, have settled their claims.
Judge compels plaintiffs in Eddystone defamation case to participate in discovery or be sanctioned
MEDIA – A state court judge has ruled that plaintiffs in a defamation case brought by a former member of the Borough of Eddystone’s Civil Service Commission against the borough’s mayor and one of its council members, must respond to discovery requests from the defense, or be made to face sanctions.
Judge upholds $2.9M arbitration award versus attorney who repped NFL players in concussion litigation
PHILADELPHIA – A federal judge has upheld a $2.9 million arbitration award against an attorney who represented hundreds of players in a $1 billion concussion settlement with the National Football League, after abandoning his quest to oppose repayment of roughly $2.3 million in high-interest loans from a litigation funder.
Lawsuit: Improper delivery at Gettysburg Hospital led to baby's neurological damage
HARRISBURG – The parents of an infant who sustained severe neurological damage say that damage was received in the improper delivery of their child, by employees of Gettysburg Hospital.
Case of patron shooting at Upper Darby tavern gains three new defendants
MEDIA – The case of a Philadelphia woman attending a birthday party at an Upper Darby tavern – which alleged she was shot by another patron who had been over-served with alcohol during his stay – has joined three additional defendants, representing security companies working at the tavern on that night.
Designer Shoe Warehouse disavows liability for injuries woman suffered after fall into aisle endcap
PHILADELPHIA – Designer Shoe Warehouse has discounted liability for injuries a Philadelphia woman claims she suffered at one of its suburban store locations, when she fell into an aisle’s endcap shelf.
Lancaster physician says third parties are liable for death of patient who underwent debridement
LANCASTER – A Lancaster doctor and his practice deny responsibility for the death of a man who underwent a debridement procedure on his throat, and instead redirected that liability to third-parties.
Settlement finalized between strip club owners and Small Business Administration over denial of COVID-19 relief funds
ALLENTOWN – A settlement has been finalized between strip club owners in five states, including Pennsylvania, and the U.S. Small Business Administration, over claims that the SBA’s moral judgment about their businesses violated their constitutional rights and caused them to be deprived of receiving loans issued to restaurant and nightlife owners adversely affected by the COVID-19 pandemic.
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.