Nicholas Malfitano News
Pa. Supreme Court regains 5-2 Democrat majority, with election of McCaffery to vacant seat
HARRISBURG – The Supreme Court of Pennsylvania has preserved its Democratic majority, as Superior Court Judge Dan McCaffery secured his bid for a vacancy on the Commonwealth’s top bench over Republican candidate and Montgomery County Court of Common Pleas Judge Carolyn Carluccio.
Food service company brings to federal court and denies class action claims of shortchanging servers
PITTSBURGH – A food service company has removed to federal court and flatly denied class action claims that waiters in its employ were shortchanged out of mandated wages, in violation of both state and federal laws.
One defendant dismissed from litigation over whether alleged flaw in sleeping device killed infant
PHILADELPHIA – One company has been dismissed from litigation charging that the makers of an infant sleeping device failed to correct an allegedly-inherent flaw in the product, which resulted in the death of a nearly-four-month-old infant.
Nursing home personnel say employers failed to pay employee contributions for health care
PITTSBURGH – Two nursing home administrators have filed class action litigation versus their employer and two of its executives, claiming they collectively violated a state wage payment law in failing to make employee contributions to its health insurance provider, leading employees to lose their health care coverage and refused to provide remuneration for their payments.
Superior Court shuts down Amazon's attempt to move lawsuit out of Philadelphia
HARRISBURG – The Superior Court of Pennsylvania has remanded a motor vehicle injury case involving a driver for Amazon to a Philadelphia courtroom, ruling that the case had been improperly transferred to Montgomery County.
Lancaster redirects liability for injuries sustained by woman who fell outside civic group's building
LANCASTER – The City of Lancaster has denied allegations of negligence, in litigation from a Delaware woman who claimed such circumstances resulted in her falling on a broken curb and sidewalk located in front of a local civic organization’s headquarters more than two years ago.
Allegheny County-run nursing facility denies wrongful death allegations
PITTSBURGH – After removing the subject case to federal court, an Allegheny County-ran nursing facility has refuted allegations of negligence and corporate negligence in the care-related death of his father more than two years ago.
Bethel Park couple continue to say they contracted COVID-19 from therapist not using PPE
PITTSBURGH – A Bethel Park couple have held to their claims that an at-home physical therapist’s negligence in conducting therapy without making use of personal protective equipment, led to both of them contracting COVID-19.
Salvation Army store in Scranton denies discrimination claim brought by Hispanic woman
SCRANTON – A Lackawanna County woman of Hispanic origin alleges she faced discriminatory treatment from employees while shopping at a Scranton store location of the Salvation Army, while the store counters that was not the case.
Lawsuit brought over murder of Uber driver in Allegheny County refiled in state court
PITTSBURGH – A Pennsylvania woman who brought wrongful death litigation in federal court against Uber concerning the murder of her daughter, a driver for the ride share service who was held up at gunpoint and killed by her passenger, has now refiled that case in state court.
Judge denies defense preliminary objections in negligence suit surrounding baby's death
PITTSBURGH – A state court judge has denied preliminary objections in the case of a Sewickley couple’s wrongful death litigation against a local doctor, obstetrics and gynecology practice and a hospital, which charged that their collective negligence led to the death of the plaintiffs’ baby daughter over one year ago.
Lancaster woman who says she received hand injuries from manicure settles case
LANCASTER – A local woman who went into a Lancaster nail salon for a manicure last year has settled her case that she received serious injuries to her right hand, due to the salon’s alleged negligence.
Woman who alleged special needs daughter was disfigured by elastic headband settles for $210K
PITTSBURGH – A Pittsburgh woman who alleged that her special needs daughter was disfigured on the back of her head by an elastic headband she had purchased for use at a local Dollar Tree store, recently settled her claims for $210,000.
Dental assistant with blood clotting condition who refused COVID vax says Allegheny County fired her
PITTSBURGH – An Allegheny County-based dental assistant with a pre-existing history of blood clotting disorders says the County terminated her from her employment, when she cited her medical condition as a reason to opt out of receiving the COVID-19 vaccine.
Third Circuit says class action lawyers asked for too much
PHILADELPHIA – A federal appellate court panel has rejected a proposed attorney fee award of $3.2 million, as part of what was billed as a $12.2 million total settlement amount reached in a data breach class action lawsuit involving convenience store chain Wawa.
State court judge overrules defense's preliminary objections in motorcycle crash case
MEDIA – A state court judge has overruled defense preliminary objections, in the case of a man who crashed his motorcycle while under the influence of alcohol and suffered spinal and leg injuries, and who insisted that the pub overserved him alcoholic beverages and allowed him to drive at the end of the night.
Man reasserts that he lost fingers in hydraulic bending machine due to its lack of guards
MEDIA – A Philadelphia man maintains he lost two fingers on his right hand in a hydraulic bending machine, due to the device not being equipped with necessary guards and warnings to its users.
Energy group president says Pa. state senator defamed him in legislation memorandum
PITTSBURGH – An energy company president has sued a Pennsylvania state senator for defamation, claiming the use of his last name to describe the practice of not limiting net energy metering in a memorandum connected to her proposed legislation, has harmed his professional reputation.
Lawsuit: Failed brake system causes permanent crush injuries of tree removal technician
PITTSBURGH – An Allegheny County man alleges he suffered grievous physical injuries when the Freightliner tree removal vehicle he was standing next to suddenly moved without warning due to a failed brake system – thus trapping him next to the stump grinder mechanism – and has sued his employer and companies responsible for manufacturing and maintaining the vehicle and its equipment.
Former Chambersburg student suing district over molestation wants to proceed anonymously
HARRISBURG – A Chambersburg woman who alleged she was sexually molested by her then-high school chemistry teacher over a six-month time period in 2021 and 2022, and that the school district lacked adequate policies and procedures for the protection of its students, seeks the Court to approve her moving forward in the case under a pseudonym.