Nicholas Malfitano News
S.C. man alleges civil rights violations and assault by Philly Police SWAT team
PHILADELPHIA – A South Carolina man alleges he was physically assaulted by Philadelphia SWAT team police officers, who came to his then-local residence looking to execute an arrest warrant on his son, who the suit says was already in correctional custody elsewhere.
TV reporter refutes PetSmart's objections to her suit that alleged her dog was killed during nail clipping
PITTSBURGH – A Pittsburgh television reporter has reiterated that her dog suffered fatal injuries after being groomed at a local PetSmart store, in effect being hanged by his caretakers and asphyxiated during his nail trimming, and in opposition to preliminary objections from the pet retailer towards her case.
State College Area School District should allow all students to participate in extracurriculars, plaintiffs reiterate
WILLIAMSPORT – A religious rights group and two Centre County families have maintained that the State College Area School District is unfairly discriminating against home school and parochial school students within its area, by preventing them from participating in extracurricular activities in the District.
Pittsburgh argues search of plaintiffs' home for attempted murder suspect was justified at the time
PITTSBURGH – Alongside a Monroeville detective, the City of Pittsburgh has argued that it was within its rights to search the plaintiffs’ residence for an attempted murder suspect – and where an unsuspecting family lived, who it was later learned had no connection to the suspect or his alleged crime.
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.