Nicholas Malfitano News
Legal news service calls Allegheny County's case access policies into question
PITTSBURGH – A legal news organization which monitors court case filings claims that the Allegheny County Court of Common Pleas’ “no-access-before-process” policy restricts the rights of both it and the public under the U.S. Constitution.
Pa. man discontinues suit against auto-financier over its fee system
PITTSBURGH – A Pennsylvania man who alleged that a leading automobile financing company charges and collects illegal “pay-to-pay” fees from consumers statewide, in violation of the Commonwealth’s Consumer Credit Code, has discontinued his claims.
PetSmart objects to Pittsburgh TV reporter's lawsuit, over death of her dog during nail trimming
PITTSBURGH – PetSmart has objected to litigation from a Pittsburgh television reporter who alleged that her dog suffered fatal injuries during a nail trimming at one of its stores, with the pet retailer referring to the subject event as “an unfortunate incident.”
Ohio man who said flames consumed him due to oxygen tank loader's negligence settles case
PITTSBURGH – An Ohio man who alleged that negligence on the part of a Western Pennsylvania man loading liquid oxygen into a storage tank caused him to be engulfed in flames when he discarded a lit cigarette in the vicinity, has settled his claims.
Sewickley couple file wrongful death lawsuit on daughter's behalf against local medical entities
PITTSBURGH – A Sewickley couple have filed wrongful death litigation against a local doctor, obstetrics and gynecology practice and a hospital, charging that their collective negligence led to the death of their baby daughter about one year ago.
Class action suit: Gannon University accepted student tuition fees, despite COVID-19 pandemic
ERIE – An undergraduate student has filed a class action lawsuit against Gannon University, charging that he and others were deprived of the on-campus education and experience they paid for, when the COVID-19 pandemic occurred and learning shifted to remote status.
Third Circuit vacates dismissal of dispute over project labor agreements, remands to lower court
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has vacated the dismissal of litigation brought by builders and contractors, who alleged project labor agreements between Allegheny County Community and Plum Borough with the Pittsburgh Regional Building Trades Council would have forced them to unionize, and remanded it to the lower federal court.
Montco employee says avoiding masking because of her PTSD, led to her firing
PHILADELPHIA – A former employee of Montgomery County contends that she was subjected to disability discrimination and retaliation under both federal and state law during the COVID-19 pandemic, when she refused to wear a mask in the workplace to avoid triggering symptoms of her post-traumatic stress disorder.
Norfolk Southern denies responsibility for injuries of jackhammer operator who jumped to avoid train
ALLENTOWN – Norfolk Southern Railway Company has denied liability for injuries allegedly suffered by a jackhammer operator, who claims the company’s negligence forced him to jump approximately 30 feet from a manlift in order to save his own life from an approaching train.
Coca-Cola Bottling Company dismissed from plant operator's burn injury suit
PITTSBURGH – The Coca-Cola Bottling Company has been dismissed from injury litigation surrounding severe burn injuries sustained by a bottling plant batching operator, who claimed that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body.
Widower settles negligence and wrongful death claims with UPMC-affiliated facility
PITTSBURGH – A Pittsburgh widower has settled claims that a University of Pittsburgh Medical Center-affiliated facility was responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed.
Class action suit alleges Rite Aid shared customers' information with Google and Meta platforms
PHILADELPHIA – A group of shoppers have filed a class action lawsuit against pharmacy retailer Rite Aid, charging that it installed tracking tools on its website which would share its customers’ search and purchase information with Google and other applications, such as Facebook, Instagram and TikTok.
Pa. Superior Court overrules Philly court, which chose to reconsider dismissal of FELA action
HARRISBURG – The Superior Court of Pennsylvania has elected to vacate a Philadelphia trial court’s October order granting reconsideration and remand to the dismissal of a man’s Federal Employers Liability Act case against Conrail, Norfolk Southern Railway Company and an insurance carrier.
Bucks County man says Educator Discipline Act should allow for disclosure of misconduct complaint filing
PHILADELPHIA – On First Amendment grounds, a Bucks County man seeks a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act, a statute which he feels criminalizes the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education.
Tour company, trip chaperone answer negligence suit over alleged rape of plaintiffs' 16-year-old daughter
WILLIAMSPORT – An educational tour company and the mother of an alleged assailant have answered litigation brought against them by a California couple, who claimed that they were negligent in overseeing high school students on a trip to Spain one year ago – a trip during which the plaintiffs’ 16-year-old daughter was allegedly raped by one of the defendants.
Punitive damages stricken from case of over pub assault that left plaintiff with partially bitten-off nose
LANCASTER – For now, punitive damages have been stricken from a lawsuit filed by a man who alleged he was assaulted by a fellow customer in a local pub last April, an altercation that ended with a part of the plaintiff’s nose being bitten off.
Lawsuit blames university for grimy shower floor in dorm
PHILADELPHIA – A New Jersey woman alleges that she fell inside a shower area on the campus of Delaware Valley University nearly two years ago, and contends that the school is both negligent and responsible for her injuries.
Berks Area Regional Transportation Authority employee says he was exposed to racist environment
ALLENTOWN – A Black employee of a Berks County transportation entity says he was exposed to racially-hostile behavior in the workplace and subjected to retaliation when he filed complaints about the behavior in question.
Rivers Casino wants recklessness allegations and punitive damages out of man's injury suit
PITTSBURGH – Rivers Casino seeks to strike any allegations of “reckless conduct” and thereby, the demand for punitive damages, from a lawsuit filed by an Allegheny County man who says he suffered a long list of injuries when an intoxicated fellow patron of Rivers Casino drunkenly fell on his right leg.
Friends of the Riverfront also denies liability for cyclist's injuries on Three Rivers Heritage Trail
PITTSBURGH – Following the City of Pittsburgh, the Friends of the Riverfront group has also denied liability for severe injuries suffered by a local cyclist, when he said that a lack of adequate lighting on the Three Rivers Heritage Trail caused him to fall off his bicycle.