Nicholas Malfitano News
Judge hands down split ruling in class action nuisance suit against U.S. Steel
PITTSBURGH – A state court judge has issued a split ruling on preliminary objections from U.S. Steel, in a class action lawsuit advanced by a Western Pennsylvania homeowner who alleged the company’s refinery plant in Braddock has generated pollutant byproducts that have affected the quality of life of area residents.
Children of passenger killed by Lyft driver now pursue default judgment against company
PITTSBURGH – The son and daughter of a 55-year-old man shot to death last August in the parking lot of a Sheetz convenience store by his Lyft driver, are now pursuing a default judgment against the ride share company.
Eddystone police officer wants to be dismissed from injury suit of late Walmart shoplifter
PHILADELPHIA – An Eddystone police officer is seeking to be dismissed from a lawsuit brought by the family of a deceased Walmart shoplifter, which alleged that the officer used excessive force when tackling the decedent and caused her to suffer a traumatic brain injury which eventually led to her death.
Truck unloader claims retaliation, after making report of safety violations to OSHA
PITTSBURGH – A truck unloader for a merchandise reseller business claims he was disciplined in retaliation for his reporting several alleged safety violations he observed on the job to the Occupational Safety and Health Administration (OSHA).
Former gymnastics camper's sex abuse claims against officials and ex-coach will proceed
WILLIAMSPORT – A federal judge has ordered that a gymnastics camper’s claims for negligence and other liability against the camp will be permitted to proceed, which are connected to an alleged sexual assault committed by one of its former coaches.
Pittsburgh ZBA and member deny liability for real estate group's million-dollar losses
PITTSBURGH – The City of Pittsburgh’s Zoning Board of Adjustment and one of its members have denied allegations they had a conflict of interest which caused a real estate development group to incur seven-figure losses.
Lehigh Township and its Chief of Police deny former officer's claims of sexual harassment
ALLENTOWN – Lehigh Township and its Chief of Police have categorically denied allegations from a female former officer of the Lehigh Township Police Department, that, over a five-year period, the Chief of Police targeted her for sexual harassment, discrimination and abuse, creating what she called a “hostile, toxic and intolerable work environment” that led to her resignation.
Amtrak rejects indemnification claims from engineer at helm of Philly derailment in 2015
PHILADELPHIA – Amtrak believes that the engineer of one of its trains which crashed and derailed in Philadelphia in 2015 and is now suing the transit company, has failed to state indemnification claims upon which relief could be granted.
Suit: Bucks County corrections officials failed to prevent incarcerated man's overdose
PHILADELPHIA – A local woman has brought litigation against Bucks County and a number of its corrections officials, alleging that their failure to ensure its prison was free of drugs led one of her loved ones to fatally overdose while in custody.
Lawsuit: Lower Frederick police attempting to intimidate witnesses in civil rights lawsuit
PHILADELPHIA – A plaintiff who initially alleged civil rights violations, discrimination and retaliation were committed against him in violation of both state and federal laws, including a claim that he was terminated from his role at the Internal Revenue Service because of unlawful retaliation by Lower Frederick Township and its Chief of Police, has now made additional claims that the defendants have attempted to intimidate witnesses in his initial case.
After two-day trial, Philly police officer prevails in liquor store owner's excessive force case
PHILADELPHIA – A Franklin Mills liquor store owner who alleged a City of Philadelphia police officer used excessive force and illegally detained him has lost his case at trial.
Montgomery County Wawa sold meal that caused illness, plaintiff says
MEDIA – A woman claims she was sickened by a meal she purchased at a Montgomery County Wawa, and has filed damages against the convenience store chain at large, the individual branch location and its employees.
Lawsuit: Roofing company allegedly set fire to plaintiff's home and caused $77K in damages
MEDIA – A Delaware County woman claims that while performing its services, a roofing company set fire to her home and caused more than $77,000 in damages to her residence.
Defendant in Holiday Inn hotel injury suit may be found in default, if plaintiffs have their way
PITTSBURGH – One defendant may be subject to default judgment, in a Michigan family’s lawsuit alleging that an improperly placed duck crossing sign outside a Pittsburgh-area Holiday Inn hotel was the cause of injuries they sustained.
Lancaster judge denies request to stay proceedings from defendant incarcerated after bar brawl
LANCASTER – A Lancaster County judge has denied a request to continue proceedings from a man accused of assaulting a customer in a local pub last April, an altercation that ended with a part of the plaintiff’s nose being bitten off.
Real estate group denies responsibility for four-year-old boy who fell out of third-story window
PITTSBURGH – A real estate entity has denied responsibility for claims made by a Pittsburgh man, who alleged that negligence its part and others led to a 2019 incident where his four-year-old son fell through a window screen on the third story of their residence.
Kilbuck Township homeowners stand by claims that neighbors' parking area flooded their basement
PITTSBURGH – A pair of Western Pennsylvania homeowners have reiterated claims that their next-door neighbors’ illegally-constructed parking area has resulted in groundwater runoff flooding their finished basement.
Truck driver carrying 40,000-pound load says company's negligence led his vehicle to overturn
PITTSBURGH – A Western Pennsylvania truck driver claims that a load he was carrying which weighed in excess of 40,000 pounds shifted without warning and caused his truck to overturn, and alleges the company’s negligence was the proximate cause of the accident.
Several defendants dismissed from suit between service dogs nonprofit and Rostraver Township
PITTSBURGH – A federal judge has pointed to a lack of jurisdiction for his dismissal of several defendants from litigation surrounding a municipal feud, over property a nonprofit group purchased to help provide military veterans with service dogs.
Evangelical who protested Reading's first LGBTQ Pride March claims civil rights violations and false arrest
ALLENTOWN – An evangelical Christian who protested the City of Reading’s first-ever Pride March & Rally says he was unlawfully arrested for disorderly conduct, and has filed a wide-ranging lawsuit against the City, its Chief of Police and two of its officers for civil rights violations, defamation and malicious prosecution, among other allegations.