Nicholas Malfitano News
Second lawsuit brought against Philadelphia Housing Authority for fatal 2022 apartment fire
PHILADELPHIA – A fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, has not only spawned a state court wrongful death lawsuit, but now a federal court civil rights lawsuit.
Phila. and claims dismissed from suit of woman allegedly denied medical care in police custody
PHILADELPHIA – A federal judge has dismissed the City of Philadelphia and two different counts from a lawsuit brought by a Philadelphia woman who alleged she was wrongly arrested for a road rage incident involving her daughter, denied medical care and as a result, had a seizure while in custody.
Pa. left as lone defendant in suit from family of man about to be released from 45-year prison term, only to die of COVID-19
PHILADELPHIA – The Commonwealth of Pennsylvania is the lone defendant remaining in litigation brought by the family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades, litigation which charged that state officials did not approve the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death.
Allegheny County says it is not responsible for jail inmate's spinal injuries sustained in fall
PITTSBURGH – Allegheny County has responded to litigation brought an inmate at its jail which claimed the slippery surface of a shower floor caused him to fall and suffer herniated discs in his spine and other injuries, discounting any and all liability for the entire incident.
Jewish man who accused wine distributor of offensive and discriminatory behavior, settles claims
PITTSBURGH – A local man who claimed he was subjected to a hostile work environment, including epithets made against his Jewish heritage and that he was fired when he made complaints about the offending behavior, has settled those claims.
Acting Labor Secretary Su tries to keep company from selling health care facilities, ahead of trial on violations
PITTSBURGH – The damages phase of an employee compensation case pitting acting U.S. Secretary of Labor Julie Su against more than a dozen health care operating companies, defendants which she is attempting to prevent from selling some of their care facilities, is slated for trial in the U.S. District Court for the Western District of Pennsylvania next Monday.
Lancaster County law enforcement seeks judgment on the pleadings for raids of vape products shops
ALLENTOWN – Lancaster County, its district attorney and police officers are seeking judgment on the pleadings in litigation asserting that they conducted warrantless raids of businesses selling vape products last April, raids which those proprietors contend were illegal and contradictory to state laws currently on the books.
Delco woman who claimed she fell into hole at Fernwood Cemetery while attending funeral ends case
MEDIA – A Delaware County woman who alleged that Fernwood Cemetery was negligent in the operation of its funerary grounds, the result of which was her falling into a deep hole at the cemetery, has resolved her claims.
Colorado man who said his Pa. property was demolished without him knowing, appeals to Third Circuit
SCRANTON – A Colorado man who contended that a piece of mixed-use property he owned in Pittston was illegally demolished without the responsible authorities serving him notice, and who lost his case in federal court, has appealed to the U.S. Court of Appeals for the Third Circuit.
Pittsburgh Steelers season ticket holder says she was wrongfully accused of using a racial slur
PITTSBURGH – A Pittsburgh Steelers season ticket holder alleges she was treated rudely by stadium personnel and then defamed by being wrongly accused of using a racial slur towards another stadium employee working during the game.
Lawsuit: Philly sheriff's officers stormed couple's home looking for their son, who had been murdered months before
PHILADELPHIA – A pair of parent plaintiffs claim multiple officers from the Philadelphia Sheriff’s Department violated their civil rights, when the officers executed a search warrant at their home in an attempt to find the plaintiffs’ son, despite his having been murdered five months before the search took place.
Equipment operator who said PennDOT didn't accommodate his disability and fired him drops one defendant
SCRANTON – A transportation equipment operator who insisted that the Pennsylvania Department of Transportation failed to accommodate his disability and later fired him for alleged comments he made in a Facebook post has voluntarily dismissed one defendant from claims made under the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act.
Attorney who alleged other counsel stole his work product and refused to return it now fights sanctions
PITTSBURGH – A Western Pennsylvania attorney who alleged that proprietary information from his law firm is in the possession of other counsel and that those defendants have refused to return his information to him, is now fighting sanctions levied against him by the defendants.
Uber seeks to move case surrounding murder of driver to arbitration, rather than court
PITTSBURGH – Uber has argued that wrongful death litigation brought by a Pennsylvania woman concerning the murder of her daughter, a driver for the ride share service who was held up at gunpoint and killed by her passenger, should be resolved in arbitration and not in a court of law.
Delco man claims after beating tickets, the officer who wrote them later arrested him on false charges
PHILADELPHIA – A Delaware County man alleges that a member of the Colwyn Police Department, after unsuccessfully attempting to sanction him with a trio of motor vehicle tickets, later arrested him on fabricated charges of marijuana possession and disorderly conduct, which were then withdrawn at the plaintiff’s first preliminary court hearing.
Judge will allow some child statements in suit over first-graders taught transgender issues
PITTSBURGH – A federal judge has clarified the admissibility of child statements made to parents suing the Mount Lebanon School District, in a lawsuit which alleged their civil rights were violated when the district provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.
Sesame Place Philadelphia wants judgment in lawsuit alleging discrimination against Black children
PHILADELPHIA – SeaWorld’s Sesame Place Philadelphia is seeking a dismissal through summary judgment, in litigation which charged that employees of the park discriminated against the plaintiff’s daughter, a Black child, during a meet-and-greet session with some costumed characters.
Home inspection group avails itself of liability for property buyers' mold exposure injuries
PITTSBURGH – A home inspection company has refuted claims liability that it was responsible for mold exposure injuries that a pair of New Kensington home buyers sustained, after they purchased the property in question from their co-defendants.
Marple Township seeks dismissal of case brought after man killed by passing vehicle
PHILADELPHIA – Marple Township and several of its police officers look to dismiss unnecessary and unserved parties and what it calls improper relief, in civil rights litigation brought by the estate of a man left at a bus stop while in an intoxicated state by Township police officers, and who was then killed by a passing vehicle shortly thereafter two years ago.
Philly police officers say civil rights claims of plaintiffs whose home they searched for former occupant are invalid
PHILADELPHIA – Counsel for the Philadelphia Police Department have rejected allegations that officers violated a pair of homeowners’ civil rights during an arrest warrant-related search for the former occupant of their home, referring to them as insufficient.