Nicholas Malfitano News
Gannon University refutes class action claims that it didn't refund fees during COVID-19
ERIE – Gannon University believes that a class action lawsuit brought against it which charged that students were deprived of the on-campus education and experience they paid for, when the COVID-19 pandemic occurred and learning shifted to remote status, fails to state a claim upon which relief could be granted.
Woman injured on sidewalk settles lawsuit with Borough of Morton
MEDIA – A Delaware County woman who alleged that she was seriously injured when she fell on a deficiently maintained sidewalk along Taylor Avenue in the Borough of Morton, has settled her lawsuit.
State court judge overrules preliminary objections in rehab center accidental OD case
PITTSBURGH – A state court judge has overruled preliminary objections from a condo association who argued that both a missing certificate of merit and pleading insufficiencies marred litigation containing claims that a local man and father of five children, who was residing at a rehabilitation center for those dealing with homelessness, mental illness or dependency issues, died from an accidental overdose.
Online news provider Patch is given consolidation of suits surrounding shooting arrest story
MEDIA – Counsel for online news provider Patch and one of its reporters have been granted consolidation of two lawsuits based upon an article it published, which claimed both the plaintiff and his mother were arrested for a fatal shooting in June 2021, when in fact they were arrested for unrelated offenses.
Federal court retains most counts in Lancaster woman's case surrounding shooting of her son
ALLENTOWN – A federal judge has rendered a split decision regarding a defense motion for judgment on the pleadings in a wrongful death lawsuit filed by a Lancaster woman who says she witnessed her schizophrenic and bipolar son being shot to death by a local police officer.
Plaintiff says Fayette County supervisor discriminated against her for her ADHD and PTSD
PITTSBURGH – A Fayette County woman asserts that she was discriminated against by her employer, the County, based on her disabilities and/or perceived disabilities, in the form of attention-deficit hyperactivity disorder, anxiety and post-traumatic stress disorder.
Montco Wawa store dismissed from suit over meal that allegedly caused illness
MEDIA – An individual Wawa store has been dismissed from litigation brought by a woman who alleged she was sickened by a meal she purchased at a there, leaving the convenience store chain at large and its employees as defendants.
Sewickley medical defendants wants to dismiss counts of negligence and infliction of emotional distress
PITTSBURGH – A local doctor, obstetrics and gynecology practice and a hospital have filed preliminary objections in response to a wrongful death suit from a Sewickley couple, which charged that their collective negligence led to the death of their baby daughter about one year ago, seeking to dismiss counts of direct corporate negligence and negligent infliction of emotional distress from the case.
Customer allegedly injured by 'visibly intoxicated' patron says casino's objections must be overruled
PITTSBURGH – An Allegheny County man who claimed he suffered a long list of injuries when an intoxicated fellow patron of Rivers Casino drunkenly fell on his right leg, insists that the casino’s preliminary objections to his case must be overruled.
Bystander says he was shot four times by pub security as they fought with another patron
PITTSBURGH – A bystander to an exchange of gunfire between an unruly customer of a Pittsburgh pub and its security force has sued the pub after the altercation resulted in him being shot four times.
Pa. Commonwealth Court rejects arguments that life sentence without parole is unconstitutional
HARRISBURG – The Commonwealth Court of Pennsylvania has dismissed a petition from a group of inmates incarcerated at SCI-Phoenix, who sought to challenge the state and federal constitutionality of their sentences of life without the possibility of parole.
Motorcyclist who crashed bike under the influence continues to say bar overserved him
MEDIA – A man who crashed his motorcycle while under the influence of alcohol and suffered spinal and leg injuries as a result, insists that the pub overserved him alcoholic beverages and allowed him to drive at the end of the night.
Codi Joyce case: Father accepts confidential settlement to resolve wrongful death lawsuit
PITTSBURGH – The family of a man allegedly beaten and killed at a Munhall house party in 2015, has accepted a confidential settlement to resolve a wrongful death lawsuit filed over those events.
Lawsuit: West Penn Township police chief assaulted subject of arrest warrant
SCRANTON – A local woman alleges that West Penn Township’s police chief used excessive force and assaulted her, when serving a warrant for her arrest more than one year ago.
Lawsuit: Authorities misidentified plaintiff as shoplifter, detained her alongside 8-year-old great-granddaughter
PITTSBURGH – An 81-year-old woman claims that she and her great-granddaughter were assaulted, threatened with criminal arrest and wrongfully detained while shopping at Walmart just over one year ago.
Man who said Papa Johns violated Wiretap Act and lost in federal court appeals to Third Circuit
PITTSBURGH – After a federal court dismissed a man’s class action lawsuit against pizza chain Papa John’s alleging violations of the Wiretap Act and invasion of privacy, the plaintiff has appealed to the U.S. Court of Appeals for the Third Circuit.
Bucks County man challenging Educator Discipline Act wants to do so anonymously
PHILADELPHIA – A Bucks County man seeking 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 – wants to proceed anonymously in his action and file unredacted exhibits along with it.
Sikorsky Aircraft seeks to dismiss lawsuit over chopper crash that killed Canadian military members
PHILADELPHIA – For reasons of alleged improper venue, Sikorsky Aircraft is attempting to dismiss wrongful death litigation from the families of six members of the Canadian Armed Forces, who were killed in a helicopter crash off the coast of Greece, allegedly due to a defective design in the helicopter’s flight system.
After losing case in federal court, woman alleging GameStop invaded her privacy appeals to Third Circuit
PITTSBURGH – A Pennsylvania woman who filed class action litigation against video game retailer GameStop – charging that it violated a state wiretap law and invaded its customers’ privacy when it allegedly intercepted and recorded the electronic communications of visitors to its website – has appealed the dismissal of her case to the U.S. Court of Appeals for the Third Circuit.
Parents' wrongful death suit against UPMC McKeesport may be settled for $1M
PITTSBURGH – Counsel for the parents of a 33-year-old man who died of a pulmonary embolism at the University of Pittsburgh McKeesport hospital one year ago, are ready to settle subsequent wrongful death litigation brought in connection with that event for $1 million.