Nicholas Malfitano News
Judge: Greensburg Diocese will not receive bifurcated discovery, in gay former teacher's discrimination case
PITTSBURGH – The Diocese of Greensburg has lost out on its attempt to bifurcate the discovery process, in a lawsuit spurred by its decision to fire a sixth-grade teacher from Aquinas Academy after learning of his same-sex marriage – where it argued that to employ him would be contrary to Catholic values and an infringement upon its rights to religious freedom under the First Amendment to the U.S. Constitution.
Plaintiff says paper towel dispenser fell on her in Lancaster elementary school
LANCASTER – A Philadelphia woman claims that she suffered full-body injuries when a paper towel dispenser fell from the wall at a Lancaster elementary school and landed on her.
Judge sustains manufacturer's preliminary objections in man's cylindrical cask injury case
PITTSBURGH – A state court judge has sustained preliminary objections from a Turtle Creek-based manufacturer sued by a Western Pennsylvania man who claims that he lost two fingers on his left hand when a heavy-duty cylindrical cask he was helping to load slipped from a skid and crushed his hand.
Pittsburgh Zoo & Aquarium drops recklessness cross-claims against elevator company co-defendant
PITTSBURGH – The Pittsburgh Zoo & Aquarium, named in a lawsuit surrounding an escalator which allegedly stopped working and caused the plaintiff to fall forward and sustain a series of severe injuries during a visit two years ago, has dropped its cross-claims of recklessness against its elevator maintenance company co-defendant.
Man who alleged bed bug bites in Delco Econo Lodge hotel settles claims
MEDIA – A local man who alleged that he was bitten by bed bugs during his three-day stay in an Econo Lodge hotel located in Delaware County more than two years ago, has settled his claims.
Commonwealth Court rebuffs latest legal challenge to Act 77, affirms Pa. mail-in voting law
HARRISBURG – Pennsylvania’s mail-in voting law has withstood another legal challenge, as the state’s Commonwealth Court reaffirmed the legislation in a decision handed down on Tuesday.
Lawsuit: Restaurant's placement of wire bread rack led to plaintiff's injuries
PITTSBURGH – A local woman alleges that a restaurant was negligent in placing a wire bread rack on its premises, causing her to trip and fall during a visit to that same restaurant nearly a year and a half ago.
Man says his smoking materials didn't cause fire, still blames iPhone
PITTSBURGH – A Western Pennsylvania man who accused Apple and Verizon of committing negligence and product liability defects, when an iPhone 6s Plus smartphone allegedly exploded and seriously injured him – has rejected the defense’s summary judgment motion, which instead placed the cause of the plaintiff’s injuries and related fire on his improperly-discarded smoking materials.
Proper service made in hair dye chemical burn suit, plaintiff insists
SCRANTON – Counsel for a South Carolina who claimed that using a hair dye product sold by a Nevada beauty company caused her to suffer a chemical burn on the back of her head, argues that it effectuated proper service of the plaintiff’s complaint.
Man whose four-year-old son fell from third-story window drops punitive damages claim
PITTSBURGH – A Pittsburgh man who alleged 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, has dropped his claim for punitive damages.
Lawsuit blames group and chaperone overseeing Spain trip for alleged rape of 16-year-old
WILLIAMSPORT – A California couple have filed negligence litigation against an educational tour company that arranged and allegedly held responsibility for overseeing a group of high school students on a trip to Spain one year ago - a trip during which their 16-year-old daughter was allegedly raped by one of the defendants.
SCOTUS in Pa. case: Companies can be sued in states where they register to conduct business
WASHINGTON – The U.S. Supreme Court has decided that companies may be sued in states where they have registered do business but are not based or where the alleged injuries occurred, reinstating the lawsuit of a Virginia man who claimed his colon cancer was the result of his exposure to carcinogenic substances while working for the Norfolk Southern railroad.
Philly woman who suffered seizure while in custody for daughter's road rage fights to keep lawsuit alive
PHILADELPHIA – A Philadelphia woman insists that she was wrongly arrested for a road rage incident involving her daughter, denied medical care and as a result, had seizure while in custody – arguing that the City of Philadelphia’s dismissal motion misses the mark.
German restaurant denies it discriminated against gay and disabled ex-employee
PITTSBURGH – A German restaurant in Pittsburgh has denied liability in 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.
Philly POPS win injunction to prevent Philadelphia Orchestra and Kimmel Center from using customer data
PHILADELPHIA – In its antitrust litigation against The Philadelphia Orchestra and The Kimmel Center, The Philly POPS have won an injunction to prevent the defendants from utilizing its proprietary customer data with Ticket Philadelphia.
Millvale man reasserts claims he lost two fingers due to accident involving cylindrical cask
PITTSBURGH – A Western Pennsylvania man stands by his claims that he lost two fingers on his left hand when a heavy-duty cylindrical cask he was helping to load onto a cask slipped from a skid and crushed his hand.
Man who claimed Pa. state trooper subjected him to illegal DUI arrest wins $500 at trial
PHILADELPHIA – A Chester County man who claimed he was illegally subjected to detainment, search, arrest and a blood test for DUI without probable cause by a Pennsylvania state trooper, has won a $500 verdict after a three-day jury trial.
W.Va. group denies liability in wrongful death suit over to fatal ATV accident
PITTSBURGH – A West Virginia resort has denied liability in a wrongful death lawsuit filed by the survivor of a fatal ATV accident in that state, while its co-defendant, a Kentucky retailer of such vehicles, had been dismissed from the case.
Virginia company that wanted $30M in malpractice damages from Philly law firm loses case
PHILADELPHIA – A Virginia business who claimed a Philadelphia law firm’s negligent misrepresentation resulted in it losing $30 million has lost its case, through the firm’s successful attempt to dismiss the legal malpractice suit brought against it.
Former paralegal says Saltz Mongeluzzi revealed her COVID-19 vax status to media
PHILADELPHIA – A paralegal of nine-and-a-half years with a prominent Philadelphia plaintiffs’ law firm alleges her former employer disclosed her COVID-19 vaccination status to a legal news publication, in violation of the confidentiality provisions of the Americans with Disabilities Act of 1990.