Nicholas Malfitano News
Federal judge grants fee awards in class action against Nevada retailer
ERIE – A federal judge has certified a class action lawsuit and given final approval to a settlement in litigation against a Nevada-based retailer of bags and other merchandise that claimed its website does not support Screen Reader software for the visually impaired and thus violated the Americans with Disabilities Act of 1990 – in addition to having granted plaintiff counsel’s requests for attorney’s fees and an incentive award.
McKeesport, officials looking to dismiss conspiracy charges from bus company's second suit
PITTSBURGH – The City of McKeesport, its mayor and city administrator are attempting to dismiss a charge of civil conspiracy levied against them by a school bus transportation company, who alleged they, the McKeesport Area School District and other officials collectively acted to remove the company from an agreement to provide the District with busing as an act of political retaliation.
Health care company settles negligence claims for minor with cerebral palsy for $275K
LANCASTER – A home health care agency and one of its nurses have settled a lawsuit brought by the parent of a child with cerebral palsy, which alleged that the defendants’ collective negligence led her disabled child to fall and suffer severe leg injuries, for $275,000.
Suit: Doctors kept plaintiff running on treadmill until she fell off and broke her arm
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test says doctors ignored her warnings that the speed of the treadmill was too fast for her to keep up, leading her to fall and suffer a broken arm and other injuries.
Philly police ignored pleas for help and let man die in custody, his daughter alleges
PHILADELPHIA – A local woman has alleged that the Philadelphia Police Department violated its own policies when it arrested her late father two years ago and failed to subsequently administer medical aid, leading to his death while in custody.
Pa. State Police granted dismissal of claims related to man's brief arrest for marijuana possession
PHILADELPHIA – Pennsylvania State Police authorities have won dismissal of multiple claims made by a Bucks County couple, who alleged the husband-plaintiff was mistakenly arrested for possession of marijuana and incarcerated for five hours, before the authorities dropped all charges and released him.
Equipment operator allegedly fired for Facebook post drops ADA and PHRA claims
SCRANTON – A transportation equipment operator who insisted that the Pennsylvania Department of Transportation failed to accommodate his disability and later fired him for alleged comments he made in a Facebook post has conceded claims made under the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act.
Judge denies Curran-Fromhold Correctional Facility's attempt to dismiss man's civil rights suit
PHILADELPHIA – A federal judge has denied an attempt by Curran-Fromhold Correctional Facility and its officials to dismiss a suit from a Delaware County man, who alleged that he was subjected to a lack of medical care and cruel and unusual punishment in violation of his constitutionally protected civil rights, while incarcerated there.
After garage fire, Garnet Valley School District seeks $17K+ damages from bus manufacturer
MEDIA – In response to a fire which took place in its bus garage, the Garnet Valley School District has, through its insurer, filed a product liability lawsuit against the manufacturer of the buses to recover damages it says it sustained.
Sesame Place Philadelphia again refutes class action charges of discrimination against Black children
PHILADELPHIA – SeaWorld's Sesame Place Philadelphia has once again denied charges that employees of the latter park discriminated against the plaintiff’s daughter, a Black child, during a meet-and-greet session with some of the park’s costumed characters.
Lawsuit against Lehigh police chief alleges sexual harassment during sexual harassment training
ALLENTOWN – A female former officer of the Lehigh Township Police Department has alleged that over a five-year period, the Chief of Police targeted her for sexual harassment, discrimination and abuse, creating what she calls a “hostile, toxic and intolerable work environment” which led to her resignation.
Lyft driver shot and killed passenger in Sheetz parking lot in self-defense, reply filing claims
PITTSBURGH – A Lyft driver accused of shooting a 55-year-old man to death in August 2022 in the parking lot of a Sheetz convenience store has claimed that his actions were only taken in self-defense.
Pittsburgh café: Our tea wasn't responsible for burning two-year-old boy in 2019
PITTSBURGH – A Pittsburgh café has denied that its tea was responsible for severely burning a then-two-year-old boy, during a visit to the café by the boy and his mother more than four years ago.
Woman injured during daughter's dance recital seeking default judgment against DoubleTree hotel
PITTSBURGH – Counsel for a woman injured in a Pittsburgh hotel ballroom while watching her daughter’s dance recital and who had alleged that a negligent makeshift table setup used for the event was the proximate cause of her injuries, is now seeking a default judgment against the hotel in question.
Fla. woman insists she was assaulted by staff of Upper Darby hookah lounge
MEDIA – A Florida woman has reiterated that she was violently assaulted by staff members of an Upper Darby hookah lounge, despite its refusal to accept liability for her injuries.
Allegheny County says it was following the rules when rejecting religious reasons for COVID vax refusal
PITTSBURGH – Allegheny County insists 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.
Allegheny County Port Authority denies liability for injuries that bus passenger allegedly suffered
PITTSBURGH – The Port Authority of Allegheny County has denied responsibility for severe arm and shoulder injuries a Pittsburgh woman claimed she suffered, while being a passenger aboard a bus operated by the defendants.
24-year-old man who made false arrest claims against Aliquippa police settles case
PITTSBURGH – A 24-year-old Western Pennsylvania man who claimed that members of the Aliquippa Police Department unlawfully arrested him, assaulted him while he was in custody and filed false affidavits to justify the arrest after the fact, has reached a settlement with the department and the officers in question.
Delaware County GOP sues county and council over selection procedure for board of elections
MEDIA – Delaware County’s Republican Party and its Chairman have launched legal action against the County and its Council, alleging that an ordinance governing the selections of members to the local Board of Elections runs afoul of state election code.
Woman loses lawsuit against Pittsburgh and police officer she says arrested her for not supporting Trump
PITTSBURGH – One Pittsburgh police officer successfully defended himself from a lawsuit brought by a woman who alleged she was unlawfully arrested because she didn’t support former President Donald Trump.