Nicholas Malfitano News
Man who fell through floor of home during open house wants defense objections denied
PITTSBURGH – A man who sustained a series of injuries after a fall which took place during a real estate open house and brought suit against individuals and entities he feels are both negligent and responsible for his injuries, is arguing that the defense’s preliminary objections have no merit and should be denied.
After losing case in federal court, street preacher known as 'Philly Jesus' appeals to Third Circuit
PHILADELPHIA – A street preacher locally known as “Philly Jesus”, who filed a wrongful prosecution case against the City of Philadelphia and local police officers after being arrested when he was evangelizing in a public park just before Christmas in 2019, has appealed the suit’s recent dismissal to the U.S. Court of Appeals for the Third Circuit.
Citing lack of specificity, landlord objects to suit over leaky ceiling collapsing on plaintiff
LANCASTER – In a suit which claimed a landlord’s negligence resulted in the ceiling of the plaintiff’s prior domicile collapsing on her, due to failure to repair a leak in her living room ceiling, the landlord has brought preliminary objections to dismiss claims for lack of specificity.
Taylor Swift tickets debacle has thousands complaining about Ticketmaster to AG’s Office
HARRISBURG – After a major fiasco involving ticket sales for pop star and Pennsylvania native Taylor Swift’s next concert tour, the office of Attorney General and Governor-elect Josh Shapiro has received thousands of consumer complaints from state residents against live event giant Ticketmaster.
Philly police officers deny they violated man's rights with narcotics arrests and prosecution
PHILADELPHIA – Three Philadelphia Police Department officers have denied allegations made against them in a civil rights lawsuit alleging that they and local assistant district attorneys violated the constitutional rights of a Philadelphia man and his family, through illegally performed narcotics arrests and prosecutions.
Motorboat passengers want punitive damage requirements and vicarious liability stricken from Fla. man's suit
PITTSBURGH – Two motorboat passengers have filed preliminary objections in a lawsuit over a propellor accident that seriously wounded a Florida man, seeking to strike allegations connected to a demand for punitive damages and for vicarious liability.
After death of her wheelchair-bound father in transit, Ohio plaintiff settles suit for $875K
PITTSBURGH – An Ohio woman who filed wrongful death litigation against a Western Pennsylvania healthcare operation and the driver of a van who allegedly failed to secure her father’s wheelchair while in transit and drove recklessly, leading him to topple over and die from his injuries, has settled her case for $875,000.
Class action suit: Wayfair's third-party repair policy violated Magnuson-Moss Warranty Act
PITTSBURGH – One Western Pennsylvania woman claims that Wayfair has violated the Anti-Tying Rule by stating that its warranties on its goods will be void, if consumers use third-party repair services to service the items they purchased from it.
School District of Philadelphia looks for judgment in fired LGBTQ teacher's discrimination case
PHILADELPHIA – The School District of Philadelphia has motioned for summary judgment in a lawsuit brought by a former teacher and member of the LGBTQ community, who claimed she faced discrimination and retaliation by the District before being fired.
Wawa and others win dismissal of antitrust suit over planned development, including Royal Farms store
PHILADELPHIA – Wawa and other defendants have won dismissal of a New Jersey developer’s anti-trust litigation against a Pennsylvania competitor, which claimed the latter conspired to prevent the development of a major retail project featuring the Royal Farms Convenience Store in the vicinity of a Merck headquarters.
Woman who brought car to Midas auto shop says she received profane note from manager
PITTSBURGH – An Allegheny County woman alleges she was given a profane note by the manager on duty and discriminated against on the basis of her sex, when she brought her vehicle in for its regular inspection to a local Midas auto shop.
Chester's bankruptcy filing to stay suit over alleged assault at environmental justice march
PHILADELPHIA – The City of Chester filing for bankruptcy has the potential to stay litigation from two individuals who participated in an “Environmental Justice Day” march, who claimed they were assaulted there by Chester government officials, including the mayor and two members of borough council.
Kentucky rental company argues lack of Pa. jurisdiction in fatal ATV accident suit
PITTSBURGH – For jurisdictional reasons and others, a Kentucky sports rental company has denied liability for contributing to a fatal ATV accident in West Virginia that is the subject of a survival and wrongful death lawsuit.
Punitive damages stricken from wrongful death suit over newborn lounger device
PHILADELPHIA – The Baltimore-based parents of an infant who died from suffocation, allegedly after being placed in the Boppy Original Newborn Lounger device, and Walmart have mutually agreed to remove a demand for punitive damages from the associated wrongful death lawsuit.
Judge decides against sanctions for Chipotle Mexican Grill, in class action suit over change
PITTSBURGH – A federal judge has declared that a motion for sanctions against Chipotle Mexican Grill, which is facing a class action lawsuit which claimed that the chain restaurant fails to provide proper amounts of change to its customers in exchange for purchased food, is inappropriate.
Security guard says he was assaulted by intoxicated concertgoer at Belle Vernon winery
PITTSBURGH – A Pittsburgh security guard working a concert at an area winery says he was the victim of assault and battery, from a man under the influence of alcohol and drugs and included among a group of patrons to whom service was cut off.
Split decision on preliminary objections in construction inspector's retaliation suit
PITTSBURGH – A state court judge has issued a split decision on preliminary objections in litigation from a construction inspector, who claimed retaliation after reporting to superiors that groundwater categorized as “contaminated” and slotted for removal from his job site was in fact not polluted.
Non-party towing company now target of sanctions in Phila. class action parking suit
PHILADELPHIA – A non-party towing company is now the target of sanctions from class action attorneys taking on the City of Philadelphia, 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.
Trio of defendants say plaintiff pilot is responsible for crash which blinded him
PITTSBURGH – A trio of entities facing allegations claiming they are responsible for the severe injuries a pilot sustained in a recent crash, including blindness in one eye, say that the plaintiff pilot is the only person liable for causing the accident.
Judge: Counsel for plaintiff accusing nursing home of wrongful death must provide new discovery plan
SCRANTON – A federal magistrate judge has denied the attempt of a Shohola nursing home to preclude discovery evidence in a wrongful death lawsuit against it, but added that plaintiff counsel must create a new case management plan by the end of the month to properly facilitate discovery, and pay its opposition’s fees.