Nicholas Malfitano News
Las Vegas-based law firm says it didn't violate TCPA with calls to potential clients
WILLIAMSPORT – The Accident Attorneys of America have denied claims contained in a Central Pennsylvania man’s class action lawsuit, that it violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients.
Woman says Pa. zoo has her emotional support cat and won't give it back
WILLIAMSPORT – A New Jersey woman claims that after facing unfounded criminal accusations from her husband, her exotic, emotional support cat was taken from her possession and relocated to a rescue facility, upon where and when the plaintiff attempted to reclaim the animal, the facility’s owners assaulted her.
Court won't dismiss lawsuit of Catholic schoolteacher allegedly fired for being gay
PITTSBURGH – A federal court has partially adopted a magistrate judge’s recommendation that it not approve the Diocese of Greensburg’s attempt to dismiss litigation from a sixth-grade teacher, allegedly fired from Aquinas Academy once his employer learned of his same-sex marriage.
Pittsburgh law firm countersues one of its ex-attorneys litigating breach of contract action
PITTSBURGH – A Pittsburgh law firm has countered a breach of contract lawsuit from one of its former attorneys, by alleging that the plaintiff being derelict from his duties cost it both new business and over $200,000 in lost revenue.
Landlord and Airbnb contesting continued discovery, while arbitration motion is resolved
PHILADELPHIA – Counsel on both sides of a property damage dispute between a South Philly landlord and Airbnb are at odds on whether discovery should proceed, while motion to either potentially compel arbitration or stay the case is pending.
Construction company says 12-year statute of repose should bar Belle Vernon school district's suit
PITTSBURGH – An Ohio company contends that the Belle Vernon Area School District cannot sue it over the failure of the bus canopy it built for the District back in 2005, since Pennsylvania has only a 12-year statute of repose when it comes to construction projects.
Judicial Watch settles National Voter Registration Act suit with Pa. and five of its counties
HARRISBURG – Litigation from election integrity group Judicial Watch against the Commonwealth of Pennsylvania and five of its counties has been settled, resulting in nearly 180,000 inactive voters being removed from voter rolls statewide.
Woman says she sustained knee and spinal injuries after falling on desk in Macy's
PHILADELPHIA – A local woman alleges Macy’s negligently allowed an incompletely-finished and/or structured desk on the showroom floor, which gave way when she leaned on it and caused her to suffer both knee and spinal injuries.
Man who claims he was overserved with alcohol at pool party and paralyzed settles case with hosts
PITTSBURGH – A man who suffered a severe spinal cord injury at a house party where alcohol was consumed and argued that his paralysis was the result of the party hosts’ negligence in allowing him to be overserved with alcohol, has settled his case.
Woman injured by falling light bulb during concert serves subpoena for employment records
PITTSBURGH – Counsel for a Westmoreland County woman who was injured at a music concert when a long, fluorescent light bulb fell from the ceiling of the concert venue and landed on top of her head, is seeking her complete employment records in furtherance of her case.
State fair injury suit remanded to York County Court of Common Pleas
HARRISBURG – A Maryland woman who alleged that the organizing companies of the York State Fair were negligent in failing to prevent her injuries when a passing thunderstorm caused her to be hit by a metal object when she was attending the fair, has seen her case remanded to a Pennsylvania state court.
Luzerne County rejects allegations it deprived citizens of the right to vote
SCRANTON – When it comes to litigation from two voters who alleged they were denied an opportunity to cast their votes in last November’s General Election on multiple occasions because the county had inexplicably run out of ballots, Luzerne County has countered that the plaintiffs have failed to plead their claims.
Colorado man says his Pa. property was demolished without him knowing
SCRANTON – A Colorado man contends that a piece of mixed-use property he owns in Pittston was illegally demolished without the responsible authorities serving him notice.
Teacher who objected to Philadelphia's pronoun policy fired for cause, school district says
PHILADELPHIA – The School District of Philadelphia argues it was correct to fire a former middle school teacher, not because he objected to a gender identity-centered student policy, but because he allegedly failed to comply with District policies and procedures.
Allegheny County couple stand by injury claims against Monroeville Kohl's store
PITTSBURGH – An Allegheny County couple maintain that the wife-plaintiff fell inside a Kohl’s department store in Monroeville, allegedly due to the company’s negligence.
Case of microwaved stuffed animal settled for $1,000
LANCASTER – A Canadian manufacturer has obtained judicial authorization of a $1,000 settlement, for injuries sustained by a Lancaster child after she was injured by a microwaved stuffed animal.
After $1M loss, real estate group sues Pittsburgh's Zoning Board and one of its members
PITTSBURGH – A real estate development group contends it has sustained seven-figure losses as a result of Pittsburgh’s Zoning Board of Adjustment and one of its members failing to schedule a rehearing of an application it says was negatively affected by that same member’s alleged conflict of interest.
Third Circuit denies sentencing appeal from Corsica official convicted of $345K wire fraud
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has denied an appeal from a secretary convicted of wire fraud one year ago, and who had been sentenced to nearly two years in prison and three subsequent years of supervised release.
LexisNexis: Salesman's performance led to his termination, not his age
PHILADELPHIA – A global data and analytics company has denied that age was a factor in the termination of one of its salespeople from his position, instead pointing to the plaintiff allegedly not meeting the company’s performance standards.
Judge stays litigation from man injured by mill mixer, while venue question resolves
PITTSBURGH – A state court judge has handed down a stay in litigation from a Western Pennsylvania man who claimed he was maimed by a mill mixer while on the job, while the question of a proper venue for the case is resolved.