Nicholas Malfitano News
Judge grants Delco GOP's requested injunction over selection procedure for board of elections
MEDIA – A state court judge has granted an injunction preventing Delaware County and its Council from enforcing an ordinance governing the selection of members to the local Board of Elections, in response to an argument from the County’s Republican Party Chairman that it violated state election code.
Drexel University cleaner says he was discriminated against and fired for his Islamic faith
PHILADELPHIA – A cleaning technician at Drexel University alleges he was discriminated against for his Islamic faith on multiple occasions and later fired from his role, in violation of the Civil Rights Act of 1964.
Engineer in 2015 Philly Amtrak derailment wants to drop federal case
PHILADELPHIA – The engineer of an Amtrak train that crashed and derailed in Philadelphia in 2015 looks to withdraw his suit against the transit company that pursued indemnification and restitution for costs he incurred in defending himself both civilly and criminally in proceedings stemming from the accident – in the interest of pursuing relief in a state court and preventing duplicative litigation.
Oklahoma firefighters pension fund files class action over agricultural science firm's alleged financial misrepresentations
PHILADELPHIA – An Oklahoma-based firefighter pension fund has filed a class action lawsuit against agricultural sciences firm FMC Corporation, charging it with violating the Securities and Exchange Act by misrepresenting the value of its stock over a 20-month-long period and causing substantial losses for its shareholders.
Judge issues partial dismissal in civil rights suit from Curran-Fromhold Correctional Facility inmate
PHILADELPHIA – A federal judge has partially dismissed counts from 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.
Penn State University and multimedia rights provider locked in litigation over RFP process
WILLIAMSPORT – Penn State University contends that its request-for-proposal (RFP) rights to secure a new multimedia contract, are being impeded and/or violated by its current and longtime provider of such content.
Fatal ATV accident in West Virginia leads to wrongful death lawsuit and settlement
PITTSBURGH – A fatal ATV accident in West Virginia which led to a survival and wrongful death lawsuit being brought against the companies who provided the decedent and her boyfriend with the vehicles and rental equipment, has been settled.
Pittsburgh DoubleTree hotel has default judgment opened in suit over dance recital injuries
PITTSBURGH – A Pittsburgh hotel has been granted its motion 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.
After Philly corrections officer dismisses her own harassment suit from federal court, she refiles in state court
PHILADELPHIA – A Philadelphia correctional officer who alleged she faced sexual harassment, discrimination and retaliation on the job, voluntarily dismissed her own case without prejudice three days after bringing it in federal court, and then refiled the complaint in state court.
Former Borough Manager’s gender and race discrimination suit against Yeadon is removed to federal court
PHILADELPHIA – Yeadon’s former Borough Manager has filed a complaint alleging instances of gender and race discrimination she faced during her employment and before being terminated, litigation which the Borough and its co-defendant removed to federal court.
Husband in wheelchair injury suit against Farmington resort passes away, according to counsel
PITTSBURGH – One-half of a New Jersey couple who alleged that a resort’s uneven drop-off between a cement walkway and a pebbled path led to the husband-plaintiff falling off his motorized wheelchair and seriously injuring himself, has passed away.
Man seriously injured by tree removal vehicle fights defense objections to his suit
PITTSBURGH – An Allegheny County man maintains 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 causing him grievous injuries.
Canonsburg defendants redirect liability for plaintiffs’ mold exposure injuries to home inspection group
PITTSBURGH – A Canonsburg couple have refuted allegations that they are responsible for mold exposure injuries their home buyers incurred, after the sale of the property.
Appeal of Pa. judge’s ruling which OK’d counting undated mail-in ballots headed to Third Circuit
ERIE – After a federal judge recently decided that 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 – the Republican Party’s state and national wings have appealed that decision.
Pa. state trooper’s overzealous pursuit led to man’s death, lawsuit alleges
JOHNSTOWN – A wrongful death suit alleges that an unknown member of the Pennsylvania State Police used excessive force to end a police chase pursuit, which resulted in a car accident and subsequently, the man’s death.
Woman struck by car blames Upper Darby
MEDIA – A Drexel Hill woman alleges that Upper Darby Township failed to ensure that a local shopping plaza included a designated pedestrian crosswalk, which resulted in her being severely injured in a pedestrian-motor vehicle accident.
AstraZeneca wants to dismiss lawsuit from former executive fired for refusing COVID vax
PHILADELPHIA – Pharmaceutical company AstraZeneca is seeking to dismiss a lawsuit brought by a senior executive formerly in its employ, because he allegedly refused to take the COVID-19 vaccine and was denied an exemption for religious reasons.
Judge splits ruling on objections in case of treadmill accident at hospital
WILLIAMSPORT – A state court judge has partially granted defense preliminary objections in litigation from a woman running on a treadmill for a medically administered stress test, who said doctors ignored her warnings that the speed of the treadmill was too fast for her to keep up, leading her to fall and suffer a broken arm and other injuries.
Suit: U.S. Steel maintenance man’s 2021 death from MDS was result of toxic substance exposure
PITTSBURGH – The widow of a maintenance man at a U.S. Steel plant in Clairton alleges a host of defendants exposed her late husband to a variety of hazardous and toxic substances, including benzene, which she maintains caused her husband’s death in 2021 from myelodysplastic syndrome (MDS).
Amtrak cites Pa. civil immunity statute in its denial of sister’s survival and wrongful death claims
PHILADELPHIA – Amtrak has denied liability for the death of a man at the hands of one of its trains more than a year-and-a-half ago, arguing that it had no responsibility to construct protective fencing around its own tracks.