Nicholas Malfitano News
Wrongful death case over suffocation in infant lounger sent back to state court
PHILADELPHIA – Wrongful death litigation brought by the parents of an infant who died from suffocation, allegedly after being placed in the Boppy Original Newborn Lounger device, has been remanded to state court.
Judge drops claims against former Philly DA and ADA, in suit from man who served 28 years for murder
PHILADELPHIA – A federal judge has granted a motion to dismiss claims lodged against a former Philadelphia District Attorney and an Assistant District Attorney, in the civil rights violation case of a man who argues he was erroneously convicted of three murders, for which he served 28 years in prison.
Widow of man who died from COVID-19 launches lawsuit versus Allegheny County corrections officials
PITTSBURGH – The widow of a man incarcerated at the Allegheny County Jail two years ago and who passed away from COVID-19, contends that institutional failures on the part of the jail and its officials directly contributed to his death.
Spilled macaroni and cheese leads to Delaware County lawsuit
MEDIA – An Upper Darby woman claims she fell on spilled macaroni and cheese on the floor of her local Fresh Grocer supermarket, and has filed suit alleging the grocery store is responsible for her injuries.
Christian pastor arrested in Reading demonstration says authorities discriminated against his faith
ALLENTOWN – A Christian pastor arrested during a demonstration just outside Reading Senior High School this past January alleges that the City of Reading and one of its police officers alleges that the ordeal he underwent was due to the authorities having a bias against Evangelical Christians.
Bucks County corrections officials look to dismiss suit over man who died in their custody
PHILADELPHIA – Bucks County and several of its corrections officials have motioned to dismiss a local woman’s litigation against them, one connected to the fatal overdose of a man incarcerated in its system, for failure to state a claim.
Judge cautions if estate doesn't continue fatal injury suit against Eddystone authorities, it will be dismissed
PHILADELPHIA – A federal judge has ordered that if an estate is not raised by the family of a deceased Walmart shoplifter, its lawsuit alleging that the arresting officer used excessive force when tackling the decedent and caused her to suffer a traumatic brain injury will be dismissed.
After cylindrical cask crushes man's hand, Turtle Creek manufacturer denies responsibility
PITTSBURGH – 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, has denied responsibility for the plaintiff’s severe injuries.
Bucks County inmate who alleged delayed medical attention settles claims
PHILADELPHIA – An inmate at the Bucks County Correctional Facility who alleged he was denied adequate and timely medical care when he suffered a broken heel after falling from the furniture in his cell, has settled his claims.
Wrongful death claim dropped from suit over man's COVID-19 death at Delco facility
PHILADELPHIA – Delaware County and a local senior care facility have successfully overcome a wrongful death claim, in a lawsuit filed by the surviving children of a man who died from COVID-19 while under the facility’s care.
SEPTA employee says agency didn't factor medical condition into his drug testing, then fired him
PHILADELPHIA – A local man has sued the Southeastern Pennsylvania Transportation Authority (SEPTA), claiming that the transport agency violated the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act, when a medical condition he says prevented him from participating in drug screen testing, resulted in his termination.
Commonwealth Court upholds dismissal of man's SEPTA train assault lawsuit
HARRISBURG – The Commonwealth Court of Pennsylvania has upheld the granting of summary judgment to the Southeastern Pennsylvania Transportation Authority (SEPTA) which declared it immune from suit from a man who said he was assaulted on a SEPTA train by two other passengers in Philadelphia in 2019.
Associate attorney litigates with former firm and its partners over wage dispute
PITTSBURGH – A former associate attorney at a Pittsburgh law firm claims that the firm and its founding partners enriched themselves at her expense, denying her of wages that she says were due to her.
State court judge overrules defense's venue objections in mill mixer injury case
PITTSBURGH – A state court judge has overruled preliminary objections related to venue from a mill mixer manufacturer, in litigation from a Western Pennsylvania man who claimed he was maimed by such mixer while on the job.
Shaler Township denies liability for toddler who burned feet on metal door
PITTSBURGH – Shaler Township has declared it is not responsible for burn injuries suffered by a 15-month-old child, when they stepped onto a hot, metal access door more than two years ago.
Bus company seeking to keep retaliation suit against McKeesport officials alive
PITTSBURGH – A school bus transportation company that filed suit against the City of McKeesport, its school district and several officials alleging they conspired to remove it from an agreement to provide the District with busing as an act of political retaliation is now fighting back against a motion to dismiss the suit from federal court.
Vape shop says Lancaster County authorities conducted illegal seizure of its legal products
ALLENTOWN – The proprietor of a vaping products business has launched litigation against Lancaster County, its district attorney and police officers, for allegedly conducting warrantless raids of both his and other businesses in the county this past April to seize such products, who have claimed they are Schedule I controlled substances under Pennsylvania law – while the plaintiff counters they have been legally sold in the state for years.
Couple claim husband's injuries were from defectively designed hunting boots
PITTSBURGH – A Western Pennsylvania couple claim that a pair of hunting boots the husband-plaintiff purchased were designed defectively, causing the soles of the boot to unexpectedly separate and him to suffer an injurious fall.
Woman injured during daughter's dance recital wants default judgment against hotel where it happened
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, continues to pursue a default judgment against the hotel in question.
After shooting by Lyft driver, ride share company seeks to strike default judgment against it
PITTSBURGH – Lyft is seeking to open and/or strike a default judgment entered against in a case brought by 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 driver from the ride share company.