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PENNSYLVANIA RECORD

Wednesday, October 2, 2024

Nicholas Malfitano News


Legal services provider argues it didn't terminate employee for reporting discrimination

By Nicholas Malfitano |
PHILADELPHIA – A nonprofit legal services provider has not only denied that it committed examples of racial and disability discrimination against one of its employees, allegedly in retaliation for her reporting similar behavior in the workplace, but has additionally argued that it never terminated her in the first place.

Amtrak asks for additional time to conduct depositions in employee's case against train company

By Nicholas Malfitano |
PHILADELPHIA – Amtrak has asked for 60 days in which to complete what it refers to as necessary discovery and depositions, in a suit brought by one of its employees under the Federal Railroad Safety Act, after the plaintiff allegedly faced intimidation and bullying from a supervisor, subsequent to suffering an on-the-job injury.

Educator alleging sexual assault reiterates that assailant's former school did not warn them of student's violent behavior

By Nicholas Malfitano |
PITTSBURGH – An educator who was allegedly sexually assaulted by one of her students maintains that the student’s former school did not advise her of his capacity for committing acts of violence and assault.

For second time, Lancaster woman says debridement procedure ultimately took husband's life

By Nicholas Malfitano |
LANCASTER – A Lancaster woman has now twice stood by claims that her late husband’s death was caused by a debridement procedure he received on his throat, despite an adverse medical history of cardiovascular problems and use of anticoagulation medicine.

Federal judge dismisses parents' suit over mandatory mask-wearing at amusement parks

By Nicholas Malfitano |
PITTSBURGH – Parents of three autistic children and an adult with a diagnosed case of anxiety and respiratory issues, who argued that pre-existing medical conditions prevented them or their children from wearing masks at Kennywood Park, Sandcastle Water Park and Idlewild Park during the early portion of the COVID-19 pandemic, have lost their case through summary judgment.

Equipment operator says PennDOT didn't accommodate his disability and fired him for Facebook post

By Nicholas Malfitano |
SCRANTON – A transportation equipment operator alleges the Pennsylvania Department of Transportation failed to accommodate his disability and later fired him for alleged comments he made in a Facebook post.

Ex-volunteer firefighters from Latrobe reach settlement of wrongful termination lawsuit

By Nicholas Malfitano |
PITTSBURGH – Five ex-volunteer firefighters in the City of Latrobe who claimed they were ousted from their positions after voicing opposition to the alleged behavior of the department chief, have now settled those claims with the City.

N.J. Walmart store associate settles claims over use of Rocket Cart shelf stocker

By Nicholas Malfitano |
ALLENTOWN – An associate at a New Jersey Walmart store who alleged he suffered severe head injuries from the use of a Rocket Cart, a device used to move merchandise and stock shelves, recently settled his personal injury claims.

University of Scranton stands by termination of former prof unvaccinated for COVID-19

By Nicholas Malfitano |
SCRANTON – The University of Scranton’s Faculty Affairs Council contends that the institution was right to fire a former professor, the latter of whom has charged that his constitutional rights to privacy and bodily autonomy were violated when the institution attempted to force him to disclose his COVID-19 vaccination status.

Greensburg police lieutenant settles age discrimination claims for $35K

By Nicholas Malfitano |
PITTSBURGH – A Greensburg police officer has settled claims of age discrimination connected to the City’s failing to promote him in favor of other candidates, for $35,000.

Law clerk says that age discrimination was proximate reason for his firing from firm

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man claims that, due to illegal age discrimination, he was fired from his job as a law clerk with the Dugan & Associates law firm.

Dallas company named in Wisconsin couple's parking fall suit gets to add more defendants

By Nicholas Malfitano |
PITTSBURGH – A Dallas company named by a Wisconsin couple as allegedly being liable for the wife-plaintiff’s leg injuries, suffered after she fell from an unmarked and unprotected drop-off located next to the handicap space where their friend’s vehicle was parked, is seeking to join additional defendants.

Man who alleged automobile financiers used 'pay-to-play' scheme may receive default judgment

By Nicholas Malfitano |
PITTSBURGH – A Pennsylvania man who claimed that a leading automobile financing company charges and collects illegal “pay-to-pay” fees from consumers statewide, in violation of the Commonwealth’s Consumer Credit Code, may receive a default judgment if an answer is not received by mid-April.

SCOTUS action versus Google serves to stay proceedings on TikTok wrongful death case

By Nicholas Malfitano |
PHILADELPHIA – A pending case in the U.S. Supreme Court regarding terrorism and potential liability exemptions to Section 230 of the Communications Decency Act has stayed the briefing schedule for a Chester woman’s wrongful death lawsuit against social media app TikTok, filed after her 10-year-old daughter died in December due to attempting a “Blackout Challenge”.

Judge dismisses Kentucky company from fatal ATV accident case, while West Virginia defendant remains

By Nicholas Malfitano |
PITTSBURGH – A federal judge has ruled that a Kentucky company is dismissed from a wrongful death lawsuit filed by the survivor of a fatal ATV accident in West Virginia, while its co-defendant, also based in West Virginia, will remain a part of the action.

After Lyft driver allegedly kills passenger, his children sue him and the ride share company

By Nicholas Malfitano |
PITTSBURGH – The son and daughter of a 55-year-old man shot to death last August in the parking lot of a Sheetz convenience store by his Lyft driver, have now sued both the ride share company and the driver for damages.

Health care company's former director asserts no involvement in events leading to Dauphin County inmate's death

By Nicholas Malfitano |
HARRISBURG – The former corporate director of a health care company has denied involvement in claims brought by the nephew of a man who suffered fatal injuries while incarcerated there in a lawsuit against the county, the company in question and more than three dozen corrections officers and medical providers, who the plaintiff feels are responsible for the decedent’s death.

Plaintiff alleging inhumane conditions at Curran-Fromhold Correctional Facility seeks depositions

By Nicholas Malfitano |
PHILADELPHIA – A former Curran-Fromhold Correctional Facility inmate is seeking to take two depositions from fellow prisoners who he says can corroborate that 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.

Delaware County answers suit over 18-month-old's alleged wrongful death in foster care

By Nicholas Malfitano |
PHILADELPHIA – Delaware County has answered a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, denying that violated the plaintiff’s constitutional rights.

Settlement talks and corrective action plan on the table in Clean Water Act case against food processor

By Nicholas Malfitano |
HARRISBURG – A proposed settlement and additional corrective action plan are currently being devised, as 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.