Nicholas Malfitano News
Man who alleged malicious prosecution for murder he was later exonerated for, settles claims
ERIE – A Pennsylvania man who alleged he was erroneously arrested for homicide by Oil City police authorities in 2019 and caused to serve the better part of two years in prison, for a crime in which it was later proven that he did not commit, has settled his claims for malicious prosecution.
Physical therapy group's counsel seeks sanctions after alleged lack of discovery cooperation
PITTSBURGH – Counsel for an at-home physical therapist and her employer who previously contended that an elderly Bethel Park couple who contracted COVID-19 after an appointment in November 2020 was responsible and liable for the injuries they suffered, now seek sanctions from plaintiff counsel for an alleged lack of response to discovery requests.
Allegheny County judge calls foul on Pittsburgh’s 'jock tax,' grants pro players summary judgment
PITTSBURGH – Counsel for a trio of professional athletes and the players’ associations of Major League Baseball, the National Football League and the National Hockey League, all of whom alleged that the City of Pittsburgh’s “jock tax” applied to both resident and non-resident athletes is unconstitutional, have won summary judgment in their clients’ case.
West Penn Hospital gets its objections denied in case of baby boy who suffered brain damage
PITTSBURGH – West Penn Hospital and its affiliated companies, who disavowed any and all liability for negligence which allegedly caused a baby boy to develop severe hypoxic ischemic encephalopathy after his delivery, have had their preliminary objections denied.
U.S. government also avails itself of liability in case of woman with dementia who drowned in pool
PITTSBURGH – The United States of America has also denied responsibility for the death of a woman afflicted with dementia, who was dropped off by a taxi cab and wandered alone before later drowning in the swimming pool of one of the suit’s co-defendants.
Environmental protestors reiterate assault claims against Chester's mayor and council members
PHILADELPHIA – Two individuals who participated in an “Environmental Justice Day” march hold true to claims that they were assaulted on that occasion by Chester government officials, including the mayor and two members of borough council.
Philadelphia settles parking tow relocation claims with two plaintiffs for $30K
PHILADELPHIA – Two plaintiffs in a class action lawsuit versus the City of Philadelphia, suing over claims that its vehicle towing relocation program both fails to abide by due process and provide adequate notice or fair procedures for owners to locate and recover their vehicles after they have been moved, have been compensated to the tune of $15,000 each.
Lawsuit over school bus sexual assault dismissed; Plaintiff can try again
PHILADELPHIA – A federal judge has dismissed without prejudice litigation from a woman who alleged that the school bus sexual assault she endured as a middle school student was the fault of her school, which was said to have disregarded the alleged assailant’s history of prior assaults and violated her constitutional rights in the process.
Suit over injurious fall at Oxford Valley Mall’s JCPenney store removed to federal court
PHILADELPHIA – A Bucks County man who suffered severe injuries in a fall at the JCPenney store in Langhorne’s Oxford Valley Mall, one which he and his wife allege was the fault of both JCPenney and the mall’s ownership, has seen his case removed from state court to federal court.
Parents of girls who died in house fire say hoverboard batteries are to blame for their deaths
ALLENTOWN – The parents of two sisters killed in a house fire in Hellertown last April allege the girls’ hoverboard ignited while charging and caused the fatal blaze, and have sued the manufacturer and retailer of the device.
Nursing facility employee says weekend staff were underpaid and targeted with false advertising
PITTSBURGH – A nursing home employee alleges that the managing companies of the facility have engaged in false advertising and categorical underpayment of their “Weekend Warrior”-level staff.
Ex-Pond Lehocky attorney who said firm fired him after cancer diagnosis settles claims
PHILADELPHIA – A former Pond Lehocky attorney who claimed he was terminated for seeking accommodations during his bout with testicular cancer has reached a settlement in his litigation.
Meadville man hit by tractor-trailer and wife appeal rejection of new trial to Third Circuit
ERIE – A Meadville couple who sued an Ohio trucking firm and one of its drivers, after the defendants were found not negligent in an accident with the husband-plaintiff more than five years ago, and were denied a motion for a new trial, have appealed that decision to the U.S. Court of Appeals for the Third Circuit.
eBay seeking arbitration in product liability case of injuries caused by electric scooter
PITTSBURGH – Internet marketplace eBay is looking to arbitrate injury claims from a Western Pennsylvania woman who alleged she was seriously injured by the electric scooter she bought, when its handlebars suddenly collapsed and caused her to lose her balance and fall, sustaining a right ankle fracture.
Third Circuit resurrects retaliation claims of steelworker fired for allegedly soliciting prostitutes
PHILADELPHIA – A steelworker fired for supposedly using his company phone to pick up prostitutes while working has had his retaliation claims resurrected by a federal appellate court.
Bicyclist injured on campus of Carnegie Mellon University sues school for damages
PITTSBURGH – A Western Pennsylvania woman alleges that a hidden speed bump she encountered during a bicycle ride on the Carnegie Mellon University campus caused her to be thrown from her bike and seriously injured.
Skateboard manufacturer based in Australia and Michigan denies fault for man's injuries
PITTSBURGH – A skateboard manufacturer with ties to Australia and Michigan has denied responsibility for hip and shoulder injuries allegedly suffered by a Westmoreland County man, when he was launched off an electric skateboard the defendants produced.
Nurse counters arguments from St. Clair Health Corporation, in breach of contract class action
PITTSBURGH – A registered nurse who brought class action litigation for breach of contract and violation of the Pennsylvania Wage Payment Collection Law on behalf of herself and others employed by St. Clair Health who were allegedly not properly paid for working extra shifts, has maintained her claims in spite of defense arguments to the contrary.
Ohio rail company denies fault for train collision death of 15-year-old girl in South Fayette Township
PITTSBURGH – An Ohio rail company has denied liability for the death of a 15-year-old girl, who was struck by a train while crossing a railroad bridge in South Fayette Township two years ago.
Class action suit: GameStop recorded website visitors' communications and broke wiretap law
PITTSBURGH – A Pennsylvania woman has filed class action litigation against video game retailer GameStop, charging that it violated a state wiretap law and invaded its customers’ privacy, when it allegedly intercepted and recorded the electronic communications of visitors to its website.