Nicholas Malfitano News
Pa. courts tie for No. 1 ranking on annual 'Judicial Hellholes' report list
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have tied with Georgia for the No. 1 ranking for jurisdictions considered unfriendly to businesses.
Lawsuit says Pittsburgh's pickleball courts are a noisy nuisance
PITTSBURGH – A local woman whose home is located adjacent to pickleball courts at Moore Park has sued the City of Pittsburgh and says that her quality of life has been negatively impacted by the noise of constant play at those same courts.
Judge denies Crozer Health preliminary objections, in suit surrounding death of man during cataract surgery
MEDIA – A state court judge has overruled preliminary objections on the topic of corporate negligence from Crozer Health defendants, in litigation from the widow of a Clifton Heights man which alleged 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.
Daimler North America argues improper pleading by man injured by tree removal vehicle
PITTSBURGH – Daimler Trucks North America has objected to claims made by an Allegheny County man, who said 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.
Settlement for woman who alleged sexual assault and battery by her chiropractor
MEDIA – A Pennsylvania woman has settled claims she was subjected to sexual assault and battery by her chiropractor, who himself was convicted in January of several criminal counts of indecent assault and aggravated indecent assault for sexually abusing several patients over a six-year period.
Federal judge rules that undated mail-in ballots must be accepted in Pennsylvania, per Civil Rights Act
ERIE – A federal judge recently decided that per the Materiality Provision of the Civil Rights Act, undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania – a decision to have tremendous import in next year’s presidential election, which will once again likely see the Keystone State as a battleground.
Petition looks to approve $38K settlement for widow of man involved in Fla. car accident
PITTSBURGH – A Western Pennsylvania woman looks to settle claims related to a Florida motor vehicle accident involving her late husband for $38,000, and for the proper distribution of those funds.
Philadelphia wants dismissal for civil rights suit from inmate who alleged he was denied medical care
PHILADELPHIA – The City of Philadelphia has contended that civil rights litigation brought by a Montgomery County man who claimed he suffered seizures, and was then denied medical care and physically assaulted while incarcerated at Curran-Fromhold Correctional Facility, should be dismissed with prejudice.
Belle Vernon Area School District settles with group that constructed now-failed bus canopy
PITTSBURGH – A Western Pennsylvania school district has settled litigation against an Ohio construction firm, one which pursued financial damages from the defendant company who built an entrance bus canopy at one of its elementary schools, which failed after nearly 15 years of use.
Pittsburgh DoubleTree hotel wants to open default judgment granted in suit over dance recital injuries
PITTSBURGH – A Pittsburgh hotel has attempted to strike or open a default judgment entered against it in August, in litigation filed by a woman allegedly injured in its ballroom while watching her daughter’s dance recital, and who had further claimed that a negligent makeshift table setup used for the event was the proximate cause of her injuries.
Walmart removes USPS employee's suit over burns from drain cleaner in the mail to federal court
PITTSBURGH – Walmart has removed to federal court litigation from a United States Postal Service employee, which alleged that the plaintiff suffered third-degree chemical burns when a drain cleaner product being sent through the mail leaked through its thin packaging and made contact with her body.
Class action suit over powerboat maintenance should stay in original court, plaintiffs say
PITTSBURGH – Plaintiffs behind a class action lawsuit which claimed that a manufacturer of sailboats and powerboats has violated the Magnuson-Moss Warranty Act through preventing third-party professionals from performing maintenance operations on their boats, without voiding the owners’ respective warranties, are fighting for the suit to stay in its court of origin.
Federal judge sets aside default judgment in Lehigh County woman's suit resulting from cellmate assault
ALLENTOWN – An inmate at the Lehigh County Jail, who claimed she was severely beaten and assaulted by her cellmate with alleged mental health issues and violent tendencies and who had been denied her regimen of medication to control those same issues, has had the default judgment granted to her set aside by a federal court.
Some counts removed from plaintiff's wrongful death suit against Bucks County corrections officials
PHILADELPHIA – A federal judge has partially dismissed counts from litigation initiated by a local woman who alleged that Bucks County and a number of its corrections officials had failed to ensure its prison was free of drugs, which she said led one of her loved ones to fatally overdose while in custody.
Colorado couple say Philips ventilator's failure led to their five-year-old daughter's respiratory arrest death
PITTSBURGH – A Colorado couple allege that a Philips-brand ventilator and its manufacturers were responsible for the death of their five-year-old daughter in November 2021 from respiratory arrest.
Gannon University settles class action claims that it didn't refund fees during COVID-19
ERIE – Gannon University looks to have settled class action claims 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.
West Penn Township and its police chief deny excessive force and assault counts
SCRANTON – West Penn Township and its police chief have denied allegations that excessive force and assault were committed on an area woman, when the defendants served a warrant for her arrest nearly 18 months ago.
Judge grants partial dismissal of counts from suit of woman whose son died on Greyhound bus
PHILADELPHIA – A federal judge has partially granted a dismissal motion in a lawsuit brought by the mother of a 32-year-old man who died from cardiac arrest while aboard a Greyhound bus bound for Philadelphia over two years ago, litigation which argued the Greyhound and Flixbus transportation companies were negligent, reckless and responsible for his death.
Rymersburg man says Pittsburgh Days Inn hotel's negligence caused his fall and broken hip
PITTSBURGH – A Western Pennsylvania man has filed suit after his stay at a Pittsburgh Days Inn hotel, resulted in him suffering a broken hip after exiting the shower in his room.
Pa. Supreme Court: Family of murderer Cosmo DiNardo cannot sue UPenn Hospital over his psychiatric care
HARRISBURG – The Supreme Court of Pennsylvania has decreed that litigation against the Hospital of the University of Pennsylvania from the family of a convicted murderer over the psychiatric care he underwent prior to committing his crimes will not proceed, due to a state law which prevents felons from obtaining financial recovery connected to circumstances resulting from their crimes.