Nicholas Malfitano News
Delco pub, owner counter allegations of patron who got in motorcycle crash
MEDIA – A Delaware County pub and its owner have filed preliminary objections in response to litigation from an injured man who crashed his motorcycle while under the influence of alcohol, finding his allegations that he was over-served alcoholic beverages and allowed to drive at the end of the night to be erroneous.
Journalist claims 'Gag Rule' policies from Allegheny County Corrections stifle investigative reporting
PITTSBURGH – A Pittsburgh investigative journalist contends that “Gag Rule” policies enacted by the Allegheny County Bureau of Corrections violate the First Amendment rights of Allegheny County Jail employees and contractors, and prevent her from developing sources to offer comment for stories detailing events which have taken place inside the jail.
Judge upholds arbitration award in labor dispute over teacher suspended for sexual misconduct allegation
PITTSBURGH – A federal judge has confirmed an arbitration award in favor of a teachers’ union and an educator it represents who was reinstated after a sexual misconduct allegation, while denying a cross-motion for summary judgment from two area schools opposing that action.
Plaintiffs burned in propane explosion file product liability lawsuit against manufacturer
PITTSBURGH – A group of plaintiffs severely burned in a propane tank explosion and two of their spouses have filed suit charging that manufacturer of a hose connected to the propane tank, which ruptured and caused the explosion, put the product in question out on the market knowing full well that it was defective.
Lyft wins striking of default judgment in ride share shooting death case
PITTSBURGH – Lyft has won the opening and/or striking of 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.
Delco officials deny that BOE member selection ordinance violates state election code
MEDIA – Delaware County and its Council have refuted allegations from the county’s Republican Party and its Chairman that an ordinance governing the selections of members to the local Board of Elections runs afoul of state election code.
Pa. Supreme Court: Those without liquor license aren't liable for conduct of intoxicated guests
HARRISBURG – The Supreme Court of Pennsylvania has upheld long-standing precedent that an organization which hosted an event at which alcohol was provided, but who was not a liquor licensee, could not be assigned liability for injuries caused by a guest who became intoxicated at the event.
Lawsuit: UPMC doctors missed condition which led to plaintiff's thyroid cancer
PITTSBURGH – An Altoona couple alleges that doctors at the University of Pittsburgh Medical Center failed to follow up on the wife-plaintiff’s initial diagnosis of adenopathy, which she says led her to develop late-stage thyroid cancer.
After restaurant altercation, woman says Lancaster's arresting officers violated her rights
ALLENTOWN – A woman contends that her civil rights were violated when Lancaster police officers arrested and took her into custody, subsequent to her having had a verbal altercation with a patron at a local restaurant.
Magistrate judge drops breach of contract claim from school district's suit over failed bus canopy
PITTSBURGH – A federal magistrate judge has partially granted a motion to dismiss from a construction firm defending itself from claims brought by a Western Pennsylvania school district, one seeking compensation from the construction firm who built an entrance bus canopy at one of its elementary schools, which failed after nearly 15 years of use.
Philadelphians drop class action suit filed after Delaware River chemical spill
PHILADELPHIA – Three Philadelphians have opted to dismiss a class action lawsuit in connection with a March spill of thousands of gallons of a chemical used to refine latex, from a Bristol plant into a tributary of the Delaware River.
Amtrak denies causing injuries to man who fell at Philly's Bridesburg Train Station
PHILADELPHIA – Amtrak has denied allegations that they were liable for injuries a plaintiff suffered, when he fell as a result of his cane becoming stuck in a hole found in a platform at a train station in Philadelphia.
Judge warns of possible dismissals, in vax disclosure case aimed at plaintiff's former employer
PHILADELPHIA – A federal judge has ordered that unprejudiced dismissal would come to any defendant left unserved in a complaint brought by a paralegal of nine-and-a-half years with a prominent Philadelphia plaintiffs’ law firm, who alleged 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.
Judge says BP won't get dismissal of man's suit alleging he was pinned next to gas pump
PITTSBURGH – A federal judge has denied British Petroleum’s attempt to dismiss litigation from a Pittsburgh man pinned against a gasoline pump by a car involved in a nearby automobile accident, for alleged failure to join necessary parties to the case.
Breach of contract suit filed against furniture seller over alleged shoddy merchandise
PITTSBURGH – A Western Pennsylvania woman alleges that the sofa and ottoman she purchased had arrived to her home in a defective condition, and wants damages from the defendant for breach of contract and other claims.
Lycoming SPCA blamed in lawsuit after adopted dog attacks cat
WILLIAMSPORT – A Williamsport woman says the local Society for the Protection of Animals failed to warn her that the dog she was adopting had aggressive tendencies and a result, after bringing the dog home, it attacked her cat.
Woman seriously injured on treadmill during stress test holds onto her claims
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test who said 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, has hit back at the defendants’ preliminary objections.
Delaware County diner dismissed from man's food poisoning-related lawsuit
MEDIA – A Delaware County diner has been dismissed from litigation filed a Philadelphia man, who alleged that a meal he ate there two years ago caused him to become ill with food poisoning and other gastrointestinal ailments.
Plaintiff continues to allege Bucks County Corrections failures led to loved one's death
PHILADELPHIA – A local woman continues to maintain charges that Bucks County and a number of its corrections officials had failed to ensure its prison was free of drugs, which she said led one of her loved ones to fatally overdose while in custody.
Lehigh County Jail inmate says she was beaten by cellmate who didn't get their medication
ALLENTOWN – An inmate at the Lehigh County Jail contends that she was severely beaten and assaulted by her cellmate, who allegedly had mental health issues, violent tendencies and had been denied her regimen of medication to control those same issues.