Nicholas Malfitano News
West Mifflin Area School District again denies it breached school busing contract with plaintiff
PITTSBURGH – West Mifflin Area School District has flatly denied breach of contract claims being levied against it by a school bus company that alleged the District failed to deliver on its agreement between the two parties.
Suit: Rehabilitation center failed to prevent man's overdose death
PITTSBURGH – A plaintiff claims that a local man and father of five children who was residing at a rehabilitation center for those dealing with homelessness, mental illness or dependency issues died from an accidental overdose, and that the defendants negligently failed to prevent his tragic death.
Contractor seeks judgment on pleadings in construction inspector's wrongful termination lawsuit
PITTSBURGH – A contractor has motioned for judgment on the pleadings, 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.
Third Circuit vows to dismiss fired LGBTQ teacher's suit against Philly schools, if document isn't provided
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has contacted counsel for a former teacher and member of the LGBTQ community who claimed she faced discrimination and retaliation by the School District of Philadelphia before being fired, mandating that the plaintiff provide required documentation within two weeks or risk dismissal of the case.
Pennsylvania Senate confirms state's new Attorney General, Michelle Henry
HARRISBURG – After a unanimous recommendation from the Pennsylvania Senate Judiciary Committee and subsequent Senate confirmation vote on Wednesday, Pennsylvania has a new Attorney General in Michelle A. Henry.
Va. business hits back at White & Williams's attempt to dismiss its $30M legal malpractice suit
PHILADELPHIA – A Virginia business who claimed that a Philadelphia law firm’s negligent misrepresentation resulted in it losing $30 million, is now opposing the firm’s attempt to dismiss the legal malpractice suit brought against it.
Judge nixes Delaware County's initial attempt to dismiss suit for wrongful death of 18-month-old
PHILADELPHIA – Delaware County’s attempt to dismiss a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, has been nullified by the presiding judge for failure to follow their courtroom procedures.
Nissan North America denies liability for Missouri plaintiff's paralyzing accident injuries
PITTSBURGH – Nissan North America has disavowed responsibility for the failure of a driver’s seat in a Nissan Sentra during a multi-car collision, one which a Missouri plaintiff claims led to her suffering paralyzing spinal injuries.
Nonprofit group says Federal Highway Administration violated National Environmental Policy Act
HARRISBURG – An environmental nonprofit group has sued a component of the U.S. Department of Transportation and its chief, over claims that the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.
Judge dismisses defendants from suit stemming from feud between nonprofit and Rostraver officials
PITTSBURGH – A federal judge has cited jurisdictional reasons for his dismissal of defendants from litigation surrounding a municipal feud, over property a nonprofit group purchased to help provide military veterans with service dogs.
Plaintiff restates aftermarket device for ATV throttles was defective and caused fatal accident
WILLIAMSPORT – A Centre County man stands by claims that an aftermarket device for all-terrain vehicles was defective and caused an accident which led to the death of his wife.
Upper Darby man says his constitutional rights were violated in Curran-Fromhold Correctional Facility
PHILADELPHIA – A Delaware County man claims he was subjected to a lack of medical care and cruel and unusual punishment, in violation of his constitutionally-protected civil rights.
Oral arguments held, fate of key product liability suit now in hands of Pa. Supreme Court
PHILADELPHIA – After hearing oral arguments, the Supreme Court of Pennsylvania is due to decide an action which will have great import for future product liability trials statewide, as it determines whether or not trial courts are permitted to prevent defendants from using evidence pertaining to industry standards.
Man trapped in chocolate tank for six hours accuses Mars, Inc. of negligence
ALLENTOWN – A man tasked with cleaning a chocolate batching tank at a Mars, Inc. facility says he became trapped in the machinery for more than six hours, and that the company’s negligence directly led to this incident and the injuries he suffered.
Woman shot at Upper Darby tavern after attending birthday party settles
MEDIA – The case of a Philadelphia woman attending a birthday party at an Upper Darby tavern – which alleged she was shot by another patron who had been over-served with alcohol during his stay – has been settled.
Allegheny County denies it failed to accommodate anxiety disorder of court hearing officer
PITTSBURGH – Allegheny County’s Family Law Division has denied allegations made by one of its courtroom hearing officers that her anxiety disorder condition was not accommodated, in violation of state law.
Pa. Supreme Court to determine key aspect of product liability cases
PHILADELPHIA – Today, the Supreme Court of Pennsylvania is due to hear oral arguments in an action which will have great import for future product liability trials statewide, as it determines whether or not trial courts are permitted to prevent defendants from using evidence pertaining to industry standards.
Busing company alleges McKeesport officials conspired to remove it from school district contract
PITTSBURGH – A school bus transportation company has filed suit against the City of McKeesport, the McKeesport Area School District and several District and political officials, alleging that the defendants conspired and acted to remove it from an agreement to provide the District with busing, as an act of political retaliation.
Bottling plant worker says equipment failed and burned her with harmful chemicals
PITTSBURGH – A batching operator at a Pennsylvania bottling plant alleges that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body, leading her to suffer severe burn injuries.
Chester charter school denies it failed to prevent kindergartener's sexual assaults
PHILADELPHIA – A charter school in Chester has denied responsibility for allegedly failing to prevent the repeated sexual assaults of one of its kindergarten students, by their classmate.