Nicholas Malfitano News
Suit: Ohio rail company's negligence led to train collision which killed 15-year-old girl
PITTSBURGH – A Western Pennsylvania woman alleges that her 15-year-old daughter’s death, which occurred two years ago as a result of her being struck by a train while crossing a railroad bridge in South Fayette Township, was the fault of an Ohio rail company for not warning young pedestrians of oncoming traffic.
Petroleum company argues that New Kensington man's property contamination was not its fault
PITTSBURGH – In response to litigation brought by a Western Pennsylvania man who allegedly suffered a number of health complications and diminished value of his property, an oil company has argued that any contamination the plaintiff suffered did not come from its well.
Philly plaintiff who alleged sexual assault from Lancaster chiropractor settles case
LANCASTER – A Philadelphia man who alleged he was sexually assaulted by his chiropractor in Lancaster has recently settled his claims to that effect.
Judge denies preliminary objections of party hosts accused of overserving alcohol to injured guest
PITTSBURGH – A state court judge has denied preliminary objections from the hosts of a party where a man suffered a severe spinal cord injury at a house party in a swimming pool accident, allegedly after being over-served with alcohol.
$325K settlement potentially in play for Amtrak employee with retaliation claims
PHILADELPHIA – A potential settlement of $325,000 is on the table for claims brought against Amtrak by one of its employees under the Federal Railroad Safety Act, after the plaintiff allegedly faced intimidation and bullying from a supervisor, subsequent to suffering an on-the-job injury.
Florist plaintiff who sued over bad reviews may have case dismissed for improper service
PHILADELPHIA – A florist who brought a defamation suit in response to poor reviews of his business that were posted on Facebook and who was disallowed from serving the social media platform with a third-party subpoena as a part of his case may see his case dismissed due to lack of service.
Case of E. coli leads Pittsburgh woman to file suit against fast food chain Wendy's
PITTSBURGH – A local woman has sued hamburger chain Wendy’s for negligence after coming down with a case of E. coli food poisoning, with the claims connected to a sandwich she ate at the establishment last month.
Federal judge stays Pa. teenager's lawsuit against Facebook and Instagram, pending MDL committee decision
PITTSBURGH – A federal judge has stayed a Pennsylvania teenager’s lawsuit against Facebook and Instagram that holds the social media apps responsible for the development of her eating disorder and related self-harm, pausing the case until a multidistrict litigation panel makes its decision on whether to absorb the case.
EEOC settles disability discrimination case with Pa. natural gas well firm for $184K
WILLIAMSPORT – The Equal Employment Opportunity Commission (EEOC), acting on behalf of an oil rig worker allegedly fired for his history of cancer, has settled Americans with Disabilities Act-related litigation with a Potter County-based natural gas well company to the tune of $184,000.
Former CHOP employee says she was terminated after asking for anxiety disorder accommodation
PHILADELPHIA – A former Children’s Hospital of Philadelphia employee of nearly 10 years alleges she was unlawfully terminated in 2021, as retaliation by the hospital after she requested an accommodation of her anxiety disorder.
Delco nursing home denies claims that negligence led to death of plaintiff’s mother
MEDIA – A Delaware County nursing home has denied allegations of neglect, which a local woman claims led her mother to suffer a series of illnesses that ultimately resulted in her untimely death more than two years ago.
Settlement coming in case of woman who fell in Atlantic City’s Borgata casino
PHILADELPHIA – Marina District Development Company has said that a settlement is in the making for a woman who slipped on the floor of the Borgata casino in Atlantic City, N.J. and argued that the facility’s negligence caused the incident.
Construction inspector holds true that voicing discrepancy over allegedly contaminated groundwater 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, maintains that his voicing of this concern to management led to them retaliating and firing him from the company.
Washington Legal Foundation gives SCOTUS its two cents on Pa. jurisdiction dispute
WASHINGTON – A nonprofit legal organization has urged the U.S. Supreme Court to uphold limits on general personal jurisdiction for out-of-state defendants, in the case of a Virginia man who claimed his ill health was the result of his exposure to cancer-causing substances while working for the Norfolk Southern railroad.
Tractor manufacturer and Lowe's deny liability for man's crash-related injuries
PITTSBURGH – Both an Ohio manufacturer and Lowe’s have denied liability for injuries a Pittsburgh man says he suffered when the inoperable brake pedal of a tractor he purchased, caused him to crash the tractor and become seriously injured.
Trafford woman who fell at Forbes Hospital says there is no truth to hospital's objections
PITTSBURGH – A Trafford woman argues that Forbes Hospital’s attempt through preliminary objections to paint her case as a misclassified premises liability action is also erroneous.
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.