Nicholas Malfitano News
Westmoreland County landfill says residents’ claims are unsupported and should be barred
PITTSBURGH – A local landfill has answered a class action nuisance lawsuit from a group of Westmoreland County residents with defenses which counter that the plaintiffs’ claims are barred in their entirety for a variety of reasons.
EPA fines Keystone Automotive $2.5 million for sales of aftermarket defeat devices
PHILADELPHIA – The U.S. Environmental Protection Agency announced Thursday that an Exeter-based vehicle parts distributor will pay a $2.5 million fine for allegedly selling aftermarket devices to circumvent emission control systems on cars and trucks.
Proposed settlement for fatal crash in Glenolden is $200K
MEDIA – The Delaware County Court of Common Pleas is considering an apportionment petition for a $200,000 settlement, brought by the estate of an 85-year-old man who was killed in a motor vehicle accident which occurred in May.
Third Circuit: Pa. State Police can't keep firearms it seized from cop killer’s parents
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled that the Commonwealth of Pennsylvania cannot maintain possession of a firearms cache it seized from the family of a man who committed a murderous attack against a state police barracks in 2014.
Family and former wife of deceased NFL QB Dwayne Haskins Jr. disputing claims to financial accounts
PITTSBURGH – The family of deceased NFL quarterback Dwayne Haskins Jr. has brought a lawsuit against Charles Schwab Bank and the decedent’s former wife, charging that Schwab wrongly distributed funds in the late player’s accounts to his widow.
Taxi cab company says it did not violate duty to woman with dementia who drowned in swimming pool
PITTSBURGH – A Cranberry Township taxi cab company contends it did not violate a duty to a woman afflicted with dementia, who was dropped off by one of its cabs and wandered alone before later drowning in the swimming pool of the suit’s co-defendant.
Judge overrules objections in Wisconsin couple’s parking garage fall injury case
PITTSBURGH – A state court judge has overruled preliminary objections against a Wisconsin couple’s allegations of reckless conduct concerning a series of events which led the wife-plaintiff to fall and suffer a severe leg injury.
Delco judge dismisses Upper Darby Township Council's legal efforts seeking declaratory judgment
MEDIA – A state court judge has dismissed without prejudice an attempt by the Upper Darby Township Council to seek a declaration that the method by which it dismissed its former Chief Administrative Officer was proper.
Spirit Airlines shareholder who alleged it didn't reveal Frontier Airlines merger details, dismisses case
PHILADELPHIA – A Pennsylvania man and Spirit Airlines stockholder who launched litigation against the CEO and Board of Directors of the airline company, alleging that in its proposed merger with Frontier Airlines, the defendants failed to disclose proper information of the transaction and violated the Securities Exchange Act of 1934, has voluntarily dismissed his case.
Third Circuit upholds fraud investigator's firing by health care companies
PHILADELPHIA – A federal appellate court has affirmed a lower district court’s decision, which granted summary judgment to three health care companies and dismissed an investigator’s lawsuit, over allegations he was terminated unfairly after uncovering allegedly fraudulent actions.
Former DOJ attorney says she was harassed and defamed by one-time lover’s estranged wife
PITTSBURGH – A former attorney for the U.S. Department of Justice alleges that the estranged wife of her one-time lover repeatedly harassed and defamed her, once she learned that the plaintiff had a brief relationship with her husband.
Girls basketball player maintains she faced retaliation after reporting sexual assault against another student
PITTSBURGH – A 16-year-old student and girls basketball player at Trinity High School who contended she was the target of retaliation from school district officials, after she reported allegations of a sexual assault committed against another student by a member of the boys basketball team, disagrees with the defense’s argument that the case should be dismissed.
Co-defendant places blame and liability for plaintiff's injuries at Amazon's door
SCRANTON – A co-defendant in a Montgomery County woman’s negligence lawsuit against Amazon has discounted her claims tying it to the events at issue, while she has denied their attempt at presenting reasons to be dismissed from the case.
Pa. teenager’s lawsuit against Facebook and Instagram may be absorbed into MDL
PITTSBURGH – Deadlines in a Pennsylvania teenager’s lawsuit against Facebook and Instagram, holding the social media apps responsible for the development of her eating disorder and related self-harm, may be paused, are depending on the result of a multidistrict litigation panel which may absorb the case.
Man says prison doctors ignored MRSA infection he developed, leaving him disfigured
PHILADELPHIA – A man formerly in the Philadelphia prison system says that due to being given sub-standard medical care, he required surgery that could have been avoided, suffered in immense pain, developed a MRSA infection and has been left permanently disfigured.
Walmart looks to dismiss case from man who says he was wrongly accused of store theft
PITTSBURGH – Walmart has made an attempt to dismiss a lawsuit from a Western Pennsylvania man who alleged that a store loss prevention officer wrongly accused him of theft, subjecting him to malicious prosecution.
Delaware County judge denies motion to compel discovery, in suit over injuries at Dominican Republic resort
MEDIA – A Delaware County judge has denied a motion to compel discovery in litigation from a Delaware couple against a Dominican Republic resort, one which they allege is responsible for injuries suffered by the husband-plaintiff when he slipped on a wet staircase and suffered injuries to his ribs, shoulders and spine.
Pa. State Police dismissed from suit over alleged excessive force during DUI arrest
HARRISBURG – The Pennsylvania State Police and some claims have been dismissed from a lawsuit brought by a Chambersburg woman, who alleged she was subjected to excessive force during a DUI traffic stop arrest by five state troopers in January 2019.
Defense says class action against St. Clair Health Corporation doesn't hold water
PITTSBURGH – A class action litigation for breach of contract and violation of the Pennsylvania Wage Payment Collection Law, on behalf of a registered nurse and others employed by St. Clair Health who were allegedly not properly paid for working extra shifts, is not only heading to a complex litigation center, but has had its merits denied by the defense.
Delco court mulling over $90K settlement in MVA-fatality-on-Philly-bridge case
MEDIA – A Delaware County court is considering a $90,000 settlement agreement, in response to legal proceedings initiated after the motor vehicle accident-related death of a local man on a Philadelphia bridge.