Nicholas Malfitano News
Lancaster and Marriott hotel avail themselves of liability in suit from injured restaurant patrons
LANCASTER – A Marriott hotel and the City of Lancaster have moved to strike punitive damages from the lawsuit brought by a local man and a South Carolina woman, who alleged they were struck by a wooden beam which fell from the ceiling as they were dining inside that same hotel’s restaurant.
Summary judgment ends landlord's civil rights suit against Philadelphia licensing officials
PHILADELPHIA – A federal judge has granted summary judgment to a trio of officials from the City of Philadelphia, closing out litigation from a local man who had alleged his civil rights were violated when his properties were sold and demolished by the City.
Chester looks to stay detective's racial discrimination case, due to municipal bankruptcy
PHILADELPHIA – A Black corporal detective of Korean heritage alleges that the Chester Police Department engaged in racially discriminatory behavior towards him, which he says caused him to take leave from the department – but the City of Chester maintains that its pending bankruptcy should stay the case.
Parent of kindergartener allegedly sexually assaulted by classmate settle with Chester charter school
PHILADELPHIA – The parent of a kindergartener who was allegedly sexually assaulted by a classmate on more than one occasion and who charged the charter school where the assaults took place with not preventing them from happening, has petitioned to settle their claims.
Woman sues school nurse who stabbed her on bus and was found not guilty for reason of insanity
PITTSBURGH – After an altercation two years ago when a nurse/school bus aide stabbed a school employee in the back, the injured employee has filed a lawsuit against the nurse and her employer in an Allegheny County court, alleging that the company should have known the nurse was mentally ill and worked to prevent incidents like the one which transpired.
Black lifeguard claims he was discriminated against and fired from local YMCA facility
PHILADELPHIA – A Black lifeguard alleges that he was discriminated against and wrongly fired by a Philadelphia-area YMCA facility for supposedly not participating in an emergency rescue situation – but he says that he in fact led the rescue effort, while the posted lifeguard, a Caucasian woman, was absent.
Judge consolidates class action suits over software company's alleged Exchange Act violations
ALLENTOWN – A federal judge has consolidated a securities class action litigation, which claims that a software and payment processing company made materially false and misleading statements regarding its own business, operations and compliance policies.
Pittsburgh pub disavows responsibility for gun altercation which left plaintiff bystander shot
PITTSBURGH – A Pittsburgh pub has denied responsibility for gunshot injuries sustained by a bystander to an exchange of gunfire between an unruly customer of the pub and its security force.
Legal news monitor continues to say Allegheny County court's access policies are questionable
PITTSBURGH – A legal news organization which monitors court case filings has reiterated its 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.
Somerset County wants dismissal from suit detailing abuse by its former District Attorney
PITTSBURGH – Somerset County has motioned for dismissal from a lawsuit brought by a woman who claimed that its ex-District Attorney Jeffrey Thomas sent her sexually violent text messages for months before breaking into her home and physically and sexually assaulting her, allegations that resulted in Thomas being sent to prison in August for multiple years.
Nonprofit group and parents want to overturn COVID-19 vax regulation for minors in Philadelphia
PHILADELPHIA – A California nonprofit group chaired by independent presidential candidate Robert F. Kennedy Jr. is suing the City of Philadelphia and its health officials, over an emergency regulation enacted during the COVID-19 pandemic which permitted children as young as 11 years old to be vaccinated without parental consent.
Casino customer injured by fellow patron continues to say casino's liability denials are meritless
PITTSBURGH – An Allegheny County man insists that he suffered a long list of injuries when an intoxicated fellow patron of Rivers Casino drunkenly fell on his right leg, and has refuted the casino’s attempts at rejecting liability for the events in question.
Borough of Donora and former police superintendent opt to stay case, move towards resolution
PITTSBURGH – Litigation between the Borough of Donora and its longtime Superintendent of Police has been stayed, pending the completion of mediation that the parties anticipate will end with the resolution of the case.
New Kensington pub says shooter in fatal incident should be named as defendant
PITTSBURGH – A New Kensington pub has charged that litigation brought by the mother of a man killed in a shooting at the establishment is incomplete, due to the shooter not being named as a defendant in the action.
Roundup manufacturers looking to overturn $175M jury verdict, alleging improper instruction
PHILADELPHIA – The manufacturers of weed killer product Roundup are seeking to overturn a $175 million verdict reached in a Philadelphia court, the first local result in a trial series featuring the product, because they say the presiding judge’s instructions unfairly swayed the jury into voting for the plaintiffs.
Fatal lemonade lawsuit: Panera denies liability for death of woman with heart issues
PHILADELPHIA – Panera Bread Company has fully denied liability in a wrongful death lawsuit brought by the parents of a University of Pennsylvania student, who died in 2021 allegedly after drinking a highly caffeinated lemonade beverage sold by the restaurant chain and one to which no warning of its high caffeine content was provided.
Couple say it developed illnesses after mold was found in the home they bought
PITTSBURGH – A Western Pennsylvania couple have filed litigation against the couple who sold them their home, as well as a residential inspection service, after the plaintiffs allegedly developed illness from mold later found to be present in the home.
Lawsuit between Upper Darby School District and parents of special needs child is appealed to Third Circuit
PHILADELPHIA – An ongoing dispute over the education of a special needs student in Upper Darby has been appealed to the U.S. Court of Appeals for the Third Circuit.
Litigation over death during cataract removal surgery consolidated in Delaware County court
MEDIA – Litigation from the widow of a Clifton Heights man alleging that her late husband died during a cataract removal surgery, because the attending physician and anesthesiologist ignored his extensive history of diagnosed medical issues and administered too much anesthesia to him resulting in his death, has been consolidated.
Federal judge throws out injury suit over supposed lack of warning on snow thrower machine
PHILADELPHIA – A federal judge has granted a motion for summary judgment and dismissed a product liability lawsuit, which resulted from the plaintiff suffering injuries to his middle finger when he placed his hand in the blades of a snow thrower he believed to be turned off.