Nicholas Malfitano News
NHL mulling settlement approval in suit contending ownership of Pittsburgh Penguins
PITTSBURGH – Per a joint status report, a settlement has been arrived at for litigation seeking to solve the dispute as to the definitive ownership of the National Hockey League’s Pittsburgh Penguins team, which is now before the NHL for its approval.
Suit: Living room leak leads to ceiling collapsing in on plaintiff, due to landlord negligence
LANCASTER – A local woman claims that her former landlord’s negligence resulted in the ceiling of her prior domicile collapsing on her, due to that landlord’s failure to repair a leak in her living room ceiling.
West Chester police officers say Luzerne County man was intoxicated during arrest, and that they're immune from suit
PHILADELPHIA – The Borough of West Chester has answered 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, by countering that he was intoxicated at the time and its actions were protected by qualified immunity.
Oil City man ready to settle with Little League Baseball for injuries he suffered when struck by an errant ball
ERIE – A Western Pennsylvania man who suffered severe injuries to his teeth after being struck by a baseball more than nine years ago and claimed that Little League Baseball promised him and his family that its insurance would cover his full medical damages and later reneged on that promise, is ready to settle his case.
Youth rehab center denies allegations that facility resident suffered physical and sexual abuse
PITTSBURGH – Counsel for a local rehabilitation center for delinquent youth has denied allegations made by a Western Pennsylvania man, who says he was repeatedly assaulted both physically and sexually by staff members at the facility.
Ohio man says flames consumed him due to oxygen tank loader's negligence
PITTSBURGH – An Ohio man contends that negligence on the part of a Western Pennsylvania man loading liquid oxygen into a storage tank caused him to be engulfed in flames when he discarded a lit cigarette in the vicinity.
Trinity Area School District gets gender discrimination count tossed from girls' basketball player's retaliation suit
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, has lost her Title IX gender discrimination claim, but retained her retaliation claim.
West Penn Hospital again denies it caused boy's severe brain damage, post-delivery
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, provided an answer to the suit after having their preliminary objections denied by the presiding judge.
UPMC McKeesport has its objections overruled in wrongful death case
PITTSBURGH – An Allegheny County judge has overruled preliminary objections introduced by the University of Pittsburgh Medical Center at McKeesport, in response to litigation claiming that it was negligent in its care of the plaintiff’s late father, after he suffered a pair of heart attacks which ultimately claimed his life.
Penn State University student who fell out window in hallway race reiterates negligence claims
PITTSBURGH – A Penn State University student who suffered a series of full-body injuries, including a lacerated spleen, after falling out of his residence’s window during a hallway race with his friends, has reiterated negligence claims against the property’s managers.
Settlement reached in suit against Philadelphia over busted sidewalks
PHILADELPHIA – Litigation between a group of plaintiffs and the City of Philadelphia – over claims the City failed to maintain its sidewalks to provide proper access to disabled citizens in violation of the Americans with Disabilities Act of 1990 – has reached a prospective settlement, which would see the City install thousands of ramps and curbs over the next 15 years and compensate plaintiff counsel for $1.1 million.
Federal judge dismisses Vandergrift Borough Council member's defamation and slander suit
PITTSBURGH – After a federal magistrate judge recommended that an amended lawsuit from a Vandergrift Borough Council member, which alleged a conspiracy-based campaign of defamation and slander undertaken by a number of borough officials was intended to drive her out of office, be dismissed for failure to prosecute, the presiding judge acted accordingly and threw out the case.
Pa. contractor who pursued legal malpractice over $1M bankruptcy court loss loses case
PITTSBURGH – A Pennsylvania contractor who said it lost more than $1 million in an underlying bankruptcy lawsuit and then pursued legal action against the lawyer it claims provided inadequate representation, has likewise lost its case in court.
Plaintiff who sued over Shania Twain concert brawl settles case
PITTSBURGH – A settlement was recently reached in litigation brought by a plaintiff who alleged negligence on the part of an arena management company, when she was injured in a stadium brawl at a Shania Twain concert in Pittsburgh four years ago.
Wine distributor denies he created hostile work environment and retaliated against Jewish employee
PITTSBURGH – A Pittsburgh wine distributor denies that he created a hostile work environment that intimidated and harassed employees, including a local man who alleged he was the target of anti-Semitic epithets and was retaliated against when he reported such behavior.
Real estate defendants say Penn State student who fell out window caused his own injuries
PITTSBURGH – Two real estate companies deny liability for full-body injuries that a Penn State University student suffered, after falling out of his residence’s window during a hallway race with his friends.
Dauphin County and prison warden deny survival, wrongful death claims from former inmate's nephew
HARRISBURG – Dauphin County and the warden of its prison have denied claims brought by the nephew of a man who suffered fatal injuries while incarcerated there in a lawsuit against the county, a health care company and more than three dozen corrections officers and medical providers, holding them responsible for his death.
UPMC McKeesport reiterates that allegations from woman's wrongful death litigation should be stricken
PITTSBURGH – The University of Pittsburgh Medical Center at McKeesport stands by its assertions that a plaintiff’s allegations of negligent documentation, with respect to claims of negligence connected to medical care provided to her late father, are scandalous, impertinent and have no place in the case.
TikTok again argues for stay of case connected to death of 10-year-old girl from 'Blackout Challenge'
PHILADELPHIA – For the second time, social media app TikTok is requesting a stay of survival and wrongful death litigation brought against it by the mother of a 10-year-old child who died in December due to attempting a “Blackout Challenge”.
Pa. federal judge throws out lawsuits against insurers over COVID-19 losses coverage
PITTSBURGH – In concurring with other courts nationwide that found COVID-19 and mandatory shutdowns did not cause physical damage to commercial properties, a Pittsburgh federal judge threw out dozens of cases seeking coverage from Erie Insurance Group and other insurers for losses connected to the pandemic.