Nicholas Malfitano News
Man paralyzed in swimming pool says he pled proper claims against 'negligent' party hosts
PITTSBURGH – A man who suffered a severe spinal cord injury at a house party where alcohol was consumed has countered the party hosts’ preliminary objections, and argues that both his theories of negligence are well-pled and the hosts’ over-serving him with alcohol directly led to his tragic injuries.
Park City Mall shooting bystanders injured in the ensuing panic hold true to claims
LANCASTER – A pair of shoppers at the Park City Mall who survived a shooting incident last October, but who were also trampled in the panic which ensued when the gun discharged inside the mall, have reiterated their claims against the mall and its security company.
Parents alleging private school failed to address bullying lose some claims from suit
PITTSBURGH – The parents of a Pittsburgh-area high school student have lost claims for punitive damages, attorney’s fees and a violation of the Pennsylvania Human Relations Act in a lawsuit alleging their son was discriminated against for his race and ethnicity
Political activist continues filing flag-burning civil rights lawsuits, this time against Pottsville
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 and brought a similar case against the City of Scranton, is now litigating with Pottsville over the same issues.
Pa. teenager sues Facebook and Instagram for allegedly causing her sleep deprivation, eating disorder and self-harm
PITTSBURGH – A Pennsylvania teenager has filed a lawsuit against Facebook and Instagram, holding the social media apps responsible for the development of her eating disorder and related self-harm, through their use of advertising and targeted algorithms designed to maximize user engagement.
UPenn also looks to dismiss anthropologist's defamation suit over MOVE Bombing remains controversy
PHILADELPHIA – Along with a series of publications which want to dismiss defamation litigation from a University of Pennsylvania anthropologist, who claimed their allegedly defamatory reports of her supposed mishandling of the remains of victims from the MOVE Bombing of 1985 damaged her professional reputation and caused her to suffer harassment and death threats, the University is looking to do likewise.
Woman again says husband's fatal injuries were result of negligent medical care
PITTSBURGH – A West Virginia woman stands by claims that her husband’s death was the result of numerous incidents of negligence on the part of his medical caretakers, which led him to suffer a multitude of injuries prior to death.
Judge throws out dismissal motion from Pittsburgh and the state, in suit over wireless tower placements
PITTSBURGH – The City of Pittsburgh and Commonwealth of Pennsylvania have lost an attempt to dismiss litigation from AT&T, which asserted that the defendants violated the Telecommunications Act of 1996 by their limiting of the company’s ability to place wireless facilities on telephone poles in the City’s rights-of-way.
Ex-Pond Lehocky attorney allegedly fired after bout with testicular cancer fights to keep punitive damages claim
PHILADELPHIA – A former Pond Lehocky attorney who claimed he was terminated for seeking accommodations during his bout with testicular cancer, has hit back at the firm’s motion to dismiss punitive damages from his complaint.
More publications want to toss suit from UPenn anthropologist they said had mishandled bombing victims' remains
PHILADELPHIA – Eight major publications are among a host of defendants seeking to dismiss defamation litigation from a University of Pennsylvania anthropologist, who claimed their allegedly defamatory reports of her supposed mishandling of the remains of victims from the MOVE Bombing of 1985 damaged her professional reputation and caused her to suffer harassment and death threats.
Pa. State Police wants DUI arrest subject's excessive force litigation dismissed
HARRISBURG – The Pennsylvania State Police and two state troopers are attempting to dismiss a lawsuit from a Chambersburg woman, who alleged she was subjected to excessive force during a DUI traffic stop arrest by five state troopers in January 2019.
Construction company says it didn't fire inspector for making groundwater contamination reports
PITTSBURGH – A construction company denies that it retaliated against and fired one of its inspectors, after he reported discrepancies pertaining to whether or not groundwater on a job site was categorized as “contaminated”, saying it did not violate the Pennsylvania Whistleblower Law.
West Chester loses out on dismissal motion in Luzerne County man's excessive force suit
PHILADELPHIA – A federal judge has denied the Borough of West Chester’s attempt to dismiss a lawsuit from a Luzerne County man who alleged that two of its police officers used excessive force when arresting him nearly three years ago.
Estate of man allegedly attacked at Dauphin County Prison files wrongful death lawsuit
HARRISBURG – The nephew of a man who suffered fatal injuries while incarcerated at Dauphin County Prison has launched wrongful death litigation against the county, a health care company and more than three dozen corrections officers and medical providers, holding them responsible for his death.
UPenn anthropologist's defamation suit over MOVE Bombing sees dismissal motion from Philly Inquirer
PHILADELPHIA – A University of Pennsylvania anthropologist has sued a host of media outlets, reporters, the Association of Black Anthropologists and the Society of Black Archaeologists over their alleged defamatory reports of her supposed mishandling of the remains of a victim from the MOVE Bombing of 1985, with some of those entities now looking to dismiss her case.
UberEats driver's class action says deliveries of Insomnia Cookies crumbled when it came to tips
PHILADELPHIA – An Alabama-based Uber driver claims the Insomnia Cookies company has stiffed him and numerous other employees of large sums of money in tips, when it sub-contracts its product delivery services to drivers on the ride share app.
Plaintiffs who alleged racist school admissions policies in Philly, appeal denial of injunction to Third Circuit
PHILADELPHIA – A group of plaintiffs has appealed the denial of a preliminary injunction in their class action litigation, which claimed their children were denied admission to criteria-based schools due to the District’s discriminatory policies centered on race, to the U.S. Court of Appeals for the Third Circuit.
Norfolk Southern denies responsibility for tractor-trailer and train collision, which killed N.C. man
PITTSBURGH – Norfolk Southern Railway has asserted that it took all proper safety precautions and that the death of a North Carolina man in a tractor-trailer/train collision was due to factors outside of its control.
Art teacher who claimed age discrimination settles claims with Fox Chapel School District
PITTSBURGH – An Allegheny County art teacher who alleged that she was transferred from teaching at the middle school level to the elementary school level as a result of age-related discrimination in violation of federal law, has settled her claims.
Federal judge throws out trio of discrimination suits against Valley Forge Military Academy & College
PHILADELPHIA – A trio of lawsuits alleging that Black cadets at Valley Forge Military Academy & College were racially discriminated against during their tenure and that Black cadets were disciplined more severely at the school than others have been dismissed.