Nicholas Malfitano News
Ligonier man files suit after he was injured being thrown off electric skateboard
PITTSBURGH – A Westmoreland County man claims he was launched off an electric skateboard he ordered from the defendants, causing serious injuries to his hip and shoulder, among others.
Man who says he ingested bristle from grill brush he bought at TJ Maxx reaches settlement
JOHNSTOWN – A man who sued the TJ Maxx department store company after needing abdominal surgery to remove an accidentally-ingested grill brush bristle, from a brush he bought at the store, has settled his injury claims.
Corrections officer allegedly discriminated against for his ADHD settles his case
PITTSBURGH – A Western Pennsylvania corrections officer who alleged he was discriminated against for his disability of attention deficit hyperactivity disorder, and not provided proper accommodations when taking a written test required for his role, has settled his claims with the state corrections agency.
Flag-burning activist settles constitutional expression lawsuit with City of Williamsport
WILLIAMSPORT – A prominent activist has voluntarily dismissed his case against the City of Williamsport that challenged the constitutionality of its open-burning ordinance and therefore, its prohibition on his being permitted to burn flags as a method of political protest.
Third Circuit rules out-of-state FLSA plaintiffs must have connections to forum state
PHILADELPHIA – A federal appellate court has concurred with a lower court that out-of-state class action plaintiffs are not able to connect their Fair Labor Standards Act claims against Federal Express to any of the company’s contacts with Pennsylvania.
Sherwin-Williams wants judgment in couple's lawsuit, which says their deck caught fire
ALLENTOWN – Sherwin-Williams is seeking summary judgment against an Easton couple’s litigation, which alleged the product they used to stain their deck self-heated and caused a fire on their property.
DHS peer coach says she was discriminated against and fired, after complaining to H.R.
PITTSBURGH – A coach within Allegheny County’s Department of Human Services contends that she was retaliated against and fired from her role within the department, in response to her reporting alleged discrimination tactics against her for being an African-American woman.
Construction inspector alleges that his good faith report to management got him fired
PITTSBURGH – A construction inspector who reported that groundwater categorized as “contaminated” and slotted for removal from his job site was in fact not polluted, alleges that his voicing of this concern to management led to retaliation, culminating with his ultimately being fired from the company.
Resolution in the works for suit over ownership of Pittsburgh Penguins hockey team
PITTSBURGH – A tentative resolution has been devised in ongoing litigation seeking to settle the score as to the definitive ownership of the National Hockey League’s Pittsburgh Penguins team, while a related state court proceeding plays out.
Defendants blame each other for plaintiff's injuries, sustained during arrest at Pottstown Hospital
PHILADELPHIA – Defendants in 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, are leveling the blame for the incident on one another.
Judge sides with Upper Darby Township Council, on objections connected to case involving former admin
MEDIA – A state court judge has overruled preliminary objections raised by Upper Darby Township’s former Chief Administrative Officer in litigation the Township Council initiated, seeking a declaration that its dismissal of him was proper.
Printing business says it acted in good faith toward janitor's discrimination reports
PHILADELPHIA – A local printing business holds itself blameless for events that a janitor said in various reports had amounted to racial targeting and discrimination against him, and added that it, and not the plaintiff, had acted in good faith.
Man allegedly assaulted by employer over PPP funds settles his case
PITTSBURGH – A Pittsburgh man who claimed he was physically assaulted by his employer in a dispute over Payroll Protection Program funds that allegedly remained in his possession, has settled in his case.
Woman's lawsuit says she was struck by Kellogg goods that fell off pallets and injured
ALLENTOWN – A Lancaster woman alleges she suffered arm, elbow and shoulder injuries, when pallets loaded with goods fell out of a tractor-trailer and struck her body.
Amtrak employee's case against train company loses claims under the Federal Railroad Safety Act
PHILADELPHIA – Amtrak has won dismissal of claims brought against it by one of its employees under the Federal Railroad Safety Act, after he allegedly faced intimidation and bullying from a supervisor, subsequent to suffering an on-the-job injury.
TV reporter says PetSmart killed her dog when she brought him in for nail clipping
PITTSBURGH – A Pittsburgh television reporter alleges that her dog suffered fatal injuries after being groomed at a local PetSmart store, in effect being hanged by his caretakers and asphyxiated during his nail trimming.
American Eagle does not get summary judgment, in its trademark infringement suit against Walmart
PITTSBURGH – A U.S. District Court judge has denied American Eagle Outfitters’ motion for summary judgment in a trademark infringement lawsuit it filed against Walmart, over the design of a line of women’s jeans the latter retailer introduced in 2018.
California man who said Israeli influencer and Pa. man defrauded him of $90K, gets $190K 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, has been granted a default judgment of $190,000.
For second time, Pond Lehocky seeks to dismiss claims of former attorney who battled testicular cancer
PHILADELPHIA – For the second time, a prominent workers’ compensation law firm has denied it terminated a former employee for seeking accommodations during his bout with testicular cancer, and wants his claims, including those for punitive damages, dismissed.
Third Circuit throws out widow's suit against Tyson Foods over COVID-19 protections
PHILADELPHIA – The widow of a meatpacking supervisor for Tyson Foods who claimed that its deficient precautions to protect against COVID-19 led to her husband’s death from the disease last year, has now had her case dismissed by both a U.S. District Court and the U.S. Court of Appeals for the Third Circuit.