Nicholas Malfitano News
State court judge splits decision on objections in construction group's whistleblower case
PITTSBURGH – A construction company’s objections that it did not retaliate against one of its inspectors or violate the Pennsylvania Whistleblower Law, after he reported discrepancies pertaining to whether or not groundwater on a job site was categorized as “contaminated,” have received a split decision by a state court judge.
Pottsville looking to dismiss political activist's suit over open burn ordinance
SCRANTON – The City of Pottsville has motioned to dismiss an activist’s constitutional challenge of its open-burning ordinance with respect to burning flags as a method of political protest, with the case being one of several the plaintiff has filed statewide.
Pa. state trooper denies that he subjected Berks County man to excessive force and beating
ALLENTOWN – One Pennsylvania state trooper has denied that he participated in a savage beating of a Berks County man during a traffic stop, where the plaintiff suffered a fractured pelvis.
Woman who suffered spinal fractures in fall at party sues Pennsylvania Institute of Technology
MEDIA – A woman seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology has sued the institution for the injuries she received, including spinal fractures and broken ribs.
'Philly Jesus' loses malicious prosecution lawsuit against Phila. PD
PHILADELPHIA – A federal judge has dismissed litigation against the City of Philadelphia and a pair of police officers from a street preacher locally known as “Philly Jesus”, who filed a wrongful prosecution case against them after being arrested when he was evangelizing in a public park just before Christmas in 2019.
JCPenney says no truth to Bensalem man's claims of injury at Oxford Valley Mall store
PHILADELPHIA – JCPenney has disavowed liability for severe injuries claimed to be suffered by a Bucks County Man, who took a fall at its store in Langhorne’s Oxford Valley Mall.
Nursing home managers deny they unfairly advertised and underpaid weekend staff
PITTSBURGH – The managing companies of a nursing facility have denied an employee’s allegations that the facility has engaged in false advertising and categorical underpayment of their “Weekend Warrior”-level staff.
Plaintiff's injuries during open house visit were not our fault, defendants say
PITTSBURGH – A homeowner and realty service denies liability for a plaintiff’s injuries, which took place during an open house event where the plaintiff was touring one of the defendant’s homes.
Counts against prison medical chief dropped in man's suit over MRSA infection
PHILADELPHIA – A federal judge has retained claims against the City of Philadelphia, made by a man formerly in the local prison system alleging that sub-standard care led him to develop a MRSA infection and be permanently disfigured – while similar claims against the Chief of Medical Operations at the Philadelphia Department of Prisons have been dropped.
Pilot files suit after crash destroyed his plane and left him blind in one eye
PITTSBURGH – A severely-injured pilot has launched litigation against a trio of entities he says are responsible for the crash and destruction of his airplane, along with the litany of injuries he suffered in the crash, including blindness in one eye.
Plaintiff denies defense's assertion that he caused himself to fall inside pool table store
PITTSBURGH – A Pittsburgh couple continue to maintain that a wooden board in the middle of the floor caused the husband-plaintiff to fall inside a pool table store and suffer a litany of serious injuries.
Jewish man who accused wine distributor of offensive behavior wants suit sent to complex litigation center
PITTSBURGH – A local man reiterates that he was subjected to a hostile work environment, including epithets made against his Jewish heritage and that he was fired when he made complaints about the offending behavior – and wants to see the case moved to Allegheny County’s Commerce and Complex Litigation Center.
Suit: Girls Softball coach's mistreatment preceded player's severe head injury
SCRANTON – A Hanover Township man says his daughter was mistreated and neglected by her softball coach, leading her to eventually suffer a severe brain injury when a batted ball hit her in the back of the head.
Retailer in hoverboard wrongful death lawsuit changes from Walmart to Target
ALLENTOWN – The parents of two sisters killed in a house fire in Hellertown last April have claimed the girls’ hoverboard ignited while charging and caused the fatal blaze, and further, have filed an amended complaint in suing both the device’s manufacturer and retailer – substituting Target in place of Walmart.
Plaintiffs alleging racial discrimination on school admissions again lose motion for class certification
PHILADELPHIA – A group of plaintiffs who claimed in a class action suit that their children were denied admission to criteria-based schools due to the District’s discriminatory policies centered on race have temporarily lost their renewed motion for class certification.
Objections sustained in wrongful death suit connected to woman's death from pneumonia
MEDIA – A state court judge has sustained preliminary objections made in a lawsuit brought by a Drexel Hill plaintiff, who contended that an urgent care facility in Havertown negligently failed to diagnose a woman’s pneumonia, later causing her to die of the condition in December 2019.
Suit: Cosmetology school's lack of protective railing led to plaintiff falling over stairwell
LANCASTER – A Sinking Spring woman alleges that negligence on the part of the Lancaster School of Cosmetology and its owners resulted in her falling over an unguarded stairwell and suffering severe injuries to her face, ankle and shoulder.
Conrad Weiser Area School District dismissed from former student's sex abuse litigation
ALLENTOWN – A Berks County school district has been dismissed from litigation brought by a plaintiff alleging that she was sexually abused as a middle school student by an assistant high school baseball coach.
Philly DA's Office, ADAs dismissed from civil rights suit over narcotics arrest and prosecution
PHILADELPHIA – The Philadelphia District Attorney’s Office and its counsel have been dismissed from a civil rights lawsuit alleging that multiple Philadelphia Police Department officers and assistant district attorneys violated a Philadelphia man's and his family’s constitutional rights through illegally performed narcotics arrests and prosecutions.
Woman who says her 13-year-old son was profiled and nearly arrested for shoplifting settles case
HARRISBURG – A Harrisburg woman who claimed that her 13-year-old son was racially targeted by management at a local Dollar Store, falsely accused of shoplifting and nearly arrested by police who responded to the scene has settled her claims.