Nicholas Malfitano News
Class action against The Philadelphia Inquirer over subscriber data breach may be consolidated
PHILADELPHIA – The Philadelphia Inquirer may soon be facing a consolidated class action lawsuit, which alleging the newspaper disclosed some of their subscribers’ personal information to Facebook without their consent, in violation of the Video Privacy Protection Act (VPPA).
Hanover Area School District wants dismissal of case claiming plaintiff's daughter was abused by softball coach
SCRANTON – The Hanover Area School District and athletic officials are seeking to strike multiple paragraphs from a local man’s complaint alleging that 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.
Landscaper is denied summary judgment in case alleging woman's fall led to her death
MEDIA – A landscaping services company has lost out on obtaining summary judgment in a lawsuit brought by a Delaware County man, who alleged negligence on its part and others led to his mother suffering a fall and injuries that led to her death.
Lawsuit: Lancaster police used excessive force on Maryland woman and broke her arm
ALLENTOWN – A Maryland woman claims she was the victim of excessive force from Lancaster Police Department officers and suffered a broken arm in the process, when the police came to her residence and forcibly evicted her.
Tredyffrin-Easttown School District wins lawsuit over Critical Race Theory records
PHILADELPHIA – The Tredyffrin/Easttown School District and the secretary of its Board of Directors have won dismissal of litigation from a local parent, who argued that his First Amendment rights were violated when he attempted to inspect records of Critical Race Theory curriculum being taught.
Pa. courts move up to No. 2 ranking on ATRA's annual 'Judicial Hellholes' report list
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have garnered the No. 2 ranking for jurisdictions considered unfriendly to businesses – moving up two places from the fourth spot on the list, where they had been ranked last year.
Suit: Lancaster woman who visited nail salon for manicure instead suffered hand injury
LANCASTER – A local woman who went into a Lancaster nail salon for a manicure last year, instead claims she received serious injuries to her right hand due to the salon’s negligence.
Westmoreland County landfill denies residents’ claims in class action nuisance lawsuit
PITTSBURGH – A Belle Vernon landfill has denied claims contained in a class action, nuisance-based lawsuit from a group of Westmoreland County residents, who have charged the facility produces noxious odors and has negatively impacted their quality of life.
Federal judge throws out counts from wrongful death suit, brought after bystander killed in police chase
PHILADELPHIA – Per order of a federal judge, the City of Philadelphia and two of its police officials have won dismissal of two counts from litigation connected to the death of an innocent bystander to a high-speed vehicle chase.
Defendants in Philly law firm's defamation suit say action is duplicative of prior case
MEDIA – A group of individuals accused of defamation and slander by a Philadelphia law firm and one of its Delaware County-based attorneys want the complaint dismissed because they feel the case is duplicative of a prior action.
Judge deems dismissal motion temporarily moot in former inmate's Eighth Amendment rights violation case
PHILADELPHIA – A federal judge has temporarily deemed a dismissal motion from Curran-Fromhold Correctional Facility and several of its officials as moot without prejudice, in the case of a former inmate of the institution who says he was subjected to cruel and unusual punishment, including being denied clean sheets and showers and not being allowed to leave his cell during a two-month incarceration.
Two defendants released from man's suit over alleged property damage from fracking
PITTSBURGH – Two defendants have been dismissed from litigation brought by a Western Pennsylvania man who allegedly suffered a number of health complications and diminished value of his property, after nearby fracking operations were conducted.
Settlement could be brewing in Clean Water Act case between river group and food processor
HARRISBURG – While a potential settlement is evaluated, a Pennsylvania waterway environmental group and a food processing company have continued a stay of litigation the two parties are involved in over claims of the latter polluted Oil Creek and the Susquehanna River, violating the state Clean Streams Law and the federal Clean Water Act in the process.
School bus company says West Mifflin District has breached its contract agreement
PITTSBURGH – A school bus company claims that a West Mifflin school district breached the contract between the two parties, despite the fact that the plaintiff has met all of its obligations to the district and has done so in spite of a shortage of available drivers.
Dismissed class action suit over American Airlines employee profit-sharing sent to Third Circuit
PHILADELPHIA – A class action lawsuit over a profit-sharing plan between employees and American Airlines Group is heading to the U.S. Court of Appeals for the Third Circuit, after the plaintiffs’ case was dismissed by a federal judge last month.
Plaintiff who fell in PIT off-campus home says Superior Court ruling permits seeking punitive damages
MEDIA – A woman who was seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology and suffered spinal fractures and broken ribs, contends that a recent ruling from the Superior Court of Pennsylvania should nullify the defense’s attempt to strike her demand for punitive damages.
Janitor who sued former employer for discrimination settles case
PHILADELPHIA – A local man who claimed that he was racially targeted at his place of business during his janitorial shifts and that his employer did nothing to remedy the series of events despite his making multiple reports of said discriminatory behavior, has settled his case.
Objections overruled in Ga. woman's wrongful death suit against Delco hospital
MEDIA – A Delaware County judge has overruled preliminary objections made in a Georgia woman’s lawsuit, brought after the hospital and its personnel were said to have failed to diagnose and monitor her late husband’s medical condition, which led to him passing away from cardiac arrest soon after his discharge.
Woman injured in fall while trying to escape shooting at party sues Airbnb
PITTSBURGH – A woman seriously injured while attempting to escape a shooting at a party which took place at an Airbnb rental home in Pittsburgh, has sued the company and other entities she believes are responsible for her injuries.
Judge won't grant dismissal motion from beauty salon where plaintiff allegedly got staph infection
PHILADELPHIA – A federal judge has rejected a beauty salon’s attempt to dismiss litigation against it from a California woman, who claimed she developed a staph infection due to the salon’s unsanitary practices.