Nicholas Malfitano News
Black family's class action lawsuit says Sesame Place Philadelphia performers discriminated against daughter
PHILADELPHIA – A Baltimore man has brought class action litigation against SeaWorld and Sesame Place Philadelphia, charging that employees of the Sesame Street-themed park discriminated against his daughter, a Black child, during a meet-and-greet session with some of the park’s costumed characters.
Third Circuit also says hospital's motion to compel arbitration in doctor's suit doesn't hold water
PHILADELPHIA – A federal appellate court has concurred with its lower court counterpart in denying a motion to compel arbitration in a dispute between a doctoral resident and her former employer.
Newtown Square vacation company wants wrongful death suit against it transferred to Delaware County court
PITTSBURGH – A Newtown Square vacation-planning company seeks the transfer of a Pittsburgh man’s wrongful death litigation brought against it in the wake of his late wife’s drowning death to a Delaware County court, arguing that the case has no connection to where it was filed in Allegheny County.
Stay handed down in case of lung-afflicted, unmasked shopper against Community Supermarket
PITTSBURGH – Litigation from a local man with a chronic lung condition against a Western Pennsylvania supermarket, a suit alleging it violated the Pennsylvania Human Relations Act when it turned him away for his decision not to wear a mask while shopping in June 2020, has been stayed until the autumn.
Plymouth Township wants to dismiss wrongful death suit blaming police for shooting mentally ill man
PHILADELPHIA – Plymouth Township seeks to dismiss a survival and wrongful death suit brought against it by the family of a mentally-ill man killed in a local police-involved shooting.
Media apartment complex says it isn't responsible for young boy's broken glass injuries
MEDIA – A local apartment complex argues it is not to blame for broken glass-related injuries suffered by the young son of a Swarthmore woman, and denies her allegations of negligence made against them.
Philadelphia asks to have lawsuit accusing it of violating pursuit policy and killing bystander thrown out
PHILADELPHIA – The City of Philadelphia and four police officials have disclaimed responsibility for the death of an innocent bystander to a high-speed vehicle chase, refuting claims from the plaintiff they failed to follow department policy.
Nebraska company may be dismissed from arm crush lawsuit, for lack of proper service
ALLENTOWN – A Nebraska corporation may be dismissed from injury litigation brought by a York County man, which alleged he was severely injured on the job when his arm was crushed inside the moving parts of a subject sampler machine, for failure to effectuate proper service.
Federal judge rules forum is proper in $2 million fraud case over no delivery of COVID-19 tests
PHILADELPHIA – A federal judge has thrown out a dismissal motion from defendants accused of not providing more than 151,000 COVID-19 test kits or a refund to a retailer who paid them nearly $2 million, ordering that the forum of the case is proper.
Flag-burning activist files freedom of expression case in Scranton, after settling similar action in Williamsport
SCRANTON – An activist who recently dismissed his constitutional challenge of the City of Williamsport’s open-burning ordinance with respect to burning flags as a method of political protest, has now filed substantially-similar litigation against the City of Scranton.
Catholic diocese says it had the right to terminate teacher in same sex-marriage
PITTSBURGH – A Catholic diocese in Pennsylvania alleges it was within its rights to terminate a teacher’s employment once it learned of his same-sex marriage, since it feels that its position as a religious institution exempts it from federal anti-discrimination laws.
Discovery outlined for suit over boy's brain damage injuries from lead exposure
ALLENTOWN – The scope of discovery has been outlined in a lawsuit brought by the mother of a six-year-old Pen Argyl boy has filed suit against her Florida-based landlord, charging that his failure to remediate lead from the home she rented has left her son with permanent brain damage.
George W. Hill inmate's suit against corrections officials, others removed to federal court
PHILADELPHIA – Delaware County and three corrections officials have removed litigation against themselves, other corrections officers and health care providers over charges that an inmate at the George W. Hill Correctional Facility wasn’t protected from assault by another inmate, despite credible information he was to be the target of a hit and wasn’t provided medical treatment after surviving such an attack, to federal court.
Mother of 10-year-old girl who died in 'Blackout Challenge' counters TikTok's dismissal motion
PHILADELPHIA – The mother of a 10-year-old child who died in December as a result of attempting a “Blackout Challenge” she saw on social media app TikTok, has refuted the company’s attempt to have the survival and wrongful death brought in her late daughter’s name dismissed.
Suit: Negligent care at UPMC McKeesport led to death of plaintiff's father
PITTSBURGH – A Western Pennsylvania woman alleges that the University of Pittsburgh Medical Center at McKeesport was negligent in its care of her late father, after he suffered a pair of heart attacks which ultimately claimed his life.
Pa. Supreme Court upholds state law allowing mail-in voting, reverses Commonwealth Court
HARRISBURG – A 5-2 majority of the Supreme Court of Pennsylvania has affirmed a state’s law permitting mail-in voting, reversing a contrary finding reached in the Commonwealth Court of Pennsylvania in January.
Mount Lebanon schools moves to dismiss parents' suit over transgender lesson in first grade
PITTSBURGH – The Mount Lebanon School District wants to dismiss a civil rights lawsuit brought by a trio of parents in a Pennsylvania federal court, which alleged their civil rights were violated when the District provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.
Florist suing over bad reviews is not allowed to serve subpoena to Facebook
PHILADELPHIA – A florist who brought a defamation suit in response to poor reviews of his business and business practices which were posted on Facebook, is disallowed from serving the social media platform with a third-party subpoena as a part of his case.
Spirit Airlines settles claims for alleged sexual assault committed by one of its flight attendants
PHILADELPHIA – Spirit Airlines has settled a lawsuit based on allegations made by a Georgia man, who claimed he was sexually assaulted by one of its flight attendants during a plane trip from Myrtle Beach, S.C. to Philadelphia.
Ex-employees from UPenn Health System who sued over vaccine disclosure lose case
ALLENTOWN – A group of current and former employees from the University of Pennsylvania Health System who believed that forcible disclosure of their vaccination status violated their constitutional rights, have lost their case.