Nicholas Malfitano News
Question of venue being contested in class action suit over Delaware River chemical spill near Philly
PHILADELPHIA – A Bristol latex manufacturing plant removed to federal court a class action lawsuit charging it with negligence related to a recent spill of thousands of gallons of an industrial chemical into a tributary of the Delaware River and denied responsibility for those events, while the plaintiffs in the case seek to have the case remanded to state court.
Wilkes-Barre woman says she slipped on slushy fluid at Sheetz convenience store
SCRANTON – A Northeastern Pennsylvania woman alleges that she suffered severe injuries to her neck, back and right knee at a Sheetz convenience store in Wilkes-Barre, when she slipped on fluid from a nearby soda/slushy machine which had leaked onto the store floor.
After lighter retailer denies liability for fatal fire, plaintiff counsel reiterates its responsibility
PHILADELPHIA – Plaintiff counsel in wrongful death litigation connected to a fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, has opposed denials of liability from the retailer of the lighter which caused the blaze.
Third-party complaint filed in Delco suit over wrongful death of 18-month-old in foster care
PHILADELPHIA – Chester-based defendants named in a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, are placing the sole blame and responsibility for the incident on a pair of individuals currently incarcerated for the child’s death on charges of first-degree murder.
Philly Pops wants injunction in antitrust suit versus Philadelphia Orchestra and Kimmel Center
PHILADELPHIA – In its antitrust litigation against The Philadelphia Orchestra and The Kimmel Center, The Philly Pops have charged that the defendants engaged in anticompetitive conduct designed to monopolize the market for similar-style concerts in the Greater Philadelphia Metropolitan Area – and is now seeking a preliminary injunction to further prevent such conduct.
Delco judge's denial of release of full Sharon Hill Police report is appealed
MEDIA – A Delaware County judge’s denial to release the full and unredacted version of the Borough of Sharon Hill’s report on its community policing procedures to a local citizen advocate, just days before three former Borough police officers were sentenced for their involvement in a shooting which killed an 8-year-old girl in August 2021, is being appealed to the Commonwealth Court of Pennsylvania.
PICC inmate reiterates prison officials turned blind eye to conduct of fellow inmates who attacked him
PHILADELPHIA – A man incarcerated at the Philadelphia Industrial Correctional Center insists that prison officials ignored the prior conduct of two fellow inmates with a propensity for violent behavior, who attacked the plaintiff with a homemade weapon last summer.
Suit: Real estate companies' negligence led four-year-old to take three-story fall out window
PITTSBURGH – A Pittsburgh man claims that negligence on the part of a group of real estate entities led to a 2019 incident where his four-year-old son fell through a window screen, from the third story of their residence to the ground below.
Estate of N.J. man who died from COVID-19 says SEPTA's lack of safety measures caused his death
PHILADELPHIA – The estate of a Southern New Jersey man is opposing an attempt by the Southeastern Pennsylvania Transportation Authority (SEPTA) to dismiss its case, one which alleged that the agency failed to protect the decedent in his work as a conductor and subsequently led him to contract a two-year-long fatal case of COVID-19.
Chester woman who alleged improper cremation by mortuary authorities settles her claims
MEDIA – A Chester woman who alleged that a nearby funeral home and local mortuary authorities cremated the remains of another individual, as opposed to her husband, and presented those incorrect remains to her as her actual husband’s body decomposed in the Delaware County Medical Examiner’s Office, has settled her claims.
Scope of discovery limited in negligence suit connected to minor's ski accident paralysis
SCRANTON – A federal magistrate judge has decreed that a ski business facing a negligence and wrongful death lawsuit must produce all records related to prior accidents involving skiers and snowboarders on Shawnee Mountain for the past five ski seasons.
Pennsylvania DEP wants to recoup $2M+ in costs connected to warehouse property remediation
PITTSBURGH – The state’s Department of Environmental Protection is looking to recoup more than $2 million in costs, from a remediation and removal process it undertook and completed to remove chemical and other hazardous substances from a Rochester warehouse property.
Settlement reached for Black special education professional in discrimination case against Delco school district
PHILADELPHIA – A Black special education professional who claimed a Delaware County school discriminated against her and demoted her from a new role she applied for, simply because her white predecessor opted to re-apply for the role after initially stepping aside, has settled her claims.
Educator alleging sexual assault from transfer student drops case for the moment
PITTSBURGH – An educator who was allegedly sexually assaulted by one of her students and argued that the student’s former school did not advise her of his capacity for committing acts of violence and assault, has dropped her case for now.
South Carolina woman's chemical burn case to be amended, short one defendant
SCRANTON – Counsel for a South Carolina woman, in a case alleging that a hair dye product she purchased caused her to suffer a chemical burn on the back of her head, has countered a motion to dismiss the related suit by arguing that proper service of the complaint was made and by removing an anonymous defendant.
Lancaster pub denies it failed to stop brawl which ended with man's nose bitten off
LANCASTER – A Lancaster pub has denied that it failed to prevent an assault of a customer by other patrons this past April, an altercation that ended with a part of the plaintiff’s nose being bitten off.
German restaurant removes gay and disabled ex-employee's discrimination suit to federal court
PITTSBURGH – A German restaurant in Pittsburgh has removed to federal court a discrimination lawsuit from a former employee, who accused it of discriminating against him for his homosexuality and disability, and later firing him without cause.
African-American auto detailer settles discrimination claims with Pittsburgh business
PITTSBURGH – An African-American man’s claims of racial discrimination surrounding his time as an auto detailer for a Pittsburgh-area business have been settled.
Bucks County couple again allege negligence of Sandals resort led to husband's injuries
PHILADELPHIA – For the second time, a Bucks County couple have alleged that the husband-plaintiff suffered a series of injuries when he fell on a wet staircase at a Sandals resort in St. Lucia.
Parents of first-graders in Mount Lebanon get go-ahead to sue over transgender lessons
PITTSBURGH – A federal judge has upheld her prior ruling that a trio of parents would be able to pursue their lawsuit against the Mount Lebanon School District, one which alleged their civil rights were violated when the district provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.