Nicholas Malfitano News
Del. man stands by claims he suffered food poisoning at Texas Roadhouse in Lancaster
LANCASTER – A Delaware man has reiterated claims that he suffered a case of food poisoning after dining at a Lancaster franchise location of Texas Roadhouse last summer.
Parties deny cross-claims in fatal Johnstown house fire lawsuit
PITTSBURGH – New matter and cross-claims have been denied in litigation surrounding the death of a woman in a Johnstown electrical fire in September 2021, allegedly as a result of defects present in the home’s electricity systems.
Recklessness allegations removed from fatal tree-car collision litigation
PITTSBURGH – Allegations of recklessness, which often pave the way for claims for punitive damages, have been dropped from a lawsuit filed by the widow of a man who died last year after a large tree fell on him in his vehicle.
Civil proceedings stayed for two defendants named in SCI-Dallas inmate death suit
SCRANTON – Civil proceedings against two defendants named in litigation concerning the death of an inmate at the SCI-Dallas Correctional Facility have been stayed, per the order of a federal magistrate judge.
Former member of Pittsburgh plaintiffs firm says he is still due compensation
PITTSBURGH – A Pennsylvania litigator and former member of a prominent Pittsburgh law firm alleges that was denied compensation connected to his ownership interest in three related West Virginia limited liability companies after he resigned from the firm.
Power company removed from suit over death of man from tree falling on his car
PITTSBURGH – One power company has been dismissed without prejudice from litigation brought by the widow of a man who died last year, after a large tree fell on him in his vehicle.
Allegheny County argues for claims dismissal in former employee's suit over COVID-19 vaccine mandate
PITTSBURGH – Allegheny County argues that it did not violate its own Home Rule Charter and Administrative Code and that it is immune from a count of negligent infliction of emotional distress, in a lawsuit over its COVID-19 vaccine mandate allegedly violating a plaintiff’s religious objections.
PennDOT wants dismissal in suit of ex-employee allegedly fired over Facebook post
SCRANTON – The Pennsylvania Department of Transportation is seeking to dismiss multiple counts from a lawsuit filed by a transportation equipment operator who claimed it failed to accommodate his disability, and later fired him for alleged comments he made in a Facebook post.
Altoona couple suing over death of their child settle claims under seal
PITTSBURGH – An Altoona couple who claimed a device created to assist babies in sleeping instead caused the death of their three-month-old son from Sudden Infant Death Syndrome due to the product’s inherent defects, have settled their claims under seal.
Plaintiff says Allegheny County nursing facility's negligent care caused his father's death
PITTSBURGH – A plaintiff is suing an Allegheny County-ran nursing facility, charging it with both negligence and corporate negligence in the care-related death of his father nearly two years ago.
Arrested man who yelled 'F-- Trump and his kids' maintains impropriety claims in lawsuit
PITTSBURGH – A Western Pennsylvania man witnessed yelling about former President Donald Trump while listening to his car radio and stopped at an intersection last September, maintains that Millcreek Township police officers then appeared at his residence and unlawfully arrested him for disorderly conduct and public drunkenness.
Plaintiff allegedly abused at George Junior Republic facility argues objections should be overruled
PITTSBURGH – A man formerly housed at the George Junior Republic rehabilitation and treatment center and who alleged he was subjected to sexual abuse by one of his female counselors there in 2015 when he was just 16 years old, is arguing that the facility’s preliminary objections to his suit should be overruled.
Judge rejects Mars' claims for dismissal in suit filed by man trapped in chocolate tank
ALLENTOWN – A federal judge has rejected Mars, Inc.’s attempt to dismiss claims from a lawsuit filed by a man tasked with cleaning a chocolate batching tank at a Mars, Inc. facility and who claimed he became trapped in the machinery for more than six hours.
Lawsuit: Boy suffered broken nose and other injuries in fall from pod sensory swing
PITTSBURGH – An Adams County boy and his parents have brought suit against a Delaware company for manufacturing a sensory swing that allegedly malfunctioned and resulted in the boy suffering a litany of injuries, including a broken nose.
Dismissal filed in Luzerne County man's excessive force case versus West Chester police
PHILADELPHIA – A Luzerne County man who claimed that a pair of West Chester police officers used excessive force when arresting him three and a half years ago, has voluntarily dismissed his case.
Reading School District looking to throw out claims and punitive damages from pastor's suit
ALLENTOWN – Reading School District is vying for civil rights violation claims and punitive damages to be dismissed from litigation brought by a Christian pastor against itself, two local police officers and the City of Reading, after the pastor claimed his rights were violated through his being arrested during a demonstration held just outside Reading Senior High School this past January.
Nesquehoning woman allegedly injured during police warrant service ends case
SCRANTON – A Nesquehoning woman who alleged that local police officers serving a warrant at her apartment kicked down her front doo which struck her and caused her a series of severe injuries has ended her case.
Floridians injured in Pa. accident reiterate that lawyers let statute of limitations lapse
PITTSBURGH – A Florida couple injured in a 2017 motorcycle accident which took place in Pennsylvania have reiterated the attorneys they hired to represent them in subsequent litigation instead let the statute of limitations lapse, thus preventing them from seeking damages for the injuries they say they incurred.
Counsel looking for $45K fees in settlement for ADA class action versus Nevada bag retailer
ERIE – Class action litigation against a Nevada-based retailer of bags and other merchandise which claimed its website does not support Screen Reader software for the visually-impaired and thus violates the Americans with Disabilities Act of 1990 is close to wrapping up, with the settlement awaiting final approval and plaintiff counsel seeking an agreed-upon $45,000 in attorneys’ fees.
Suit: Former Brookville cop harassed woman on social media, stalked and assaulted her
PITTSBURGH – A Clarion County woman claims that a now-former member of the Brookville Police Department sent her salacious messages through social media and when his advances were rebuffed, stalked and sexually assaulted her.