Nicholas Malfitano News
Registered trademark litigation ensues between firms specializing in education law
PHILADELPHIA – A local law firm seeks review of an order which struck down its attempt to cancel a Bucks County-based firm’s trademark surrounding the phrase “Education Lawyers”, in reference to both of their areas of legal expertise.
Olyphant Borough wants to see free speech suit from family who posted 'F— THE GOVERNMENT' sign dismissed
SCRANTON – The Borough of Olyphant and its Zoning Officer are seeking to dismiss litigation from a local family who alleged their rights to free speech and expression were being infringed upon by the defendants, who had taken exception to a sign posted outside their home which read “F— THE GOVERNMENT.”
Pittsburgh woman insists she ingested glass shards while eating enchilada from Trader Joe's
PITTSBURGH – A local woman who said she unknowingly ingested glass shards when eating a frozen enchilada she purchased from her local Trader Joe’s grocery store, has reiterated her claims against the store and the manufacturer of the enchilada.
Pa. Superior Court to once again consider the proper venue of helicopter crash injury lawsuit
HARRISBURG – Next month, the Superior Court of Pennsylvania will consider the latest dispute among parties involved in a helicopter crash injury lawsuit, as it pertains to the proper venue of the action and whether that should be in Philadelphia County or Bucks County.
Commonwealth Court upholds the striking down of Pittsburgh’s 'jock tax'
HARRISBURG – The Commonwealth Court of Pennsylvania has near-unanimously ruled to uphold a lower court’s 2022 summary judgment ruling that the City of Pittsburgh’s “jock tax” applied to both resident and non-resident athletes is unconstitutional.
Pa. Superior Court to consider appeal of EMT allegedly assaulted by minor patient in transport
HARRISBURG – The Superior Court of Pennsylvania is considering the appeal of an EMT who says he was physically assaulted by a minor patient being transported to the hospital via ambulance.
Defamation allegations at center of lawyer's dispute with Butler County DA and other residents
BUTLER – A defamation lawsuit brought by a Western Pennsylvania attorney and former Butler County District Attorney independent candidate accuses the sitting District Attorney, a local mayor and other residents of damaging her personal and professional reputations with scandalous and false information, but those parties have subsequently denied defaming the plaintiff.
Couple maintain husband's injuries were from defectively designed hunting boots
PITTSBURGH – A Western Pennsylvania couple maintain that a pair of hunting boots the husband-plaintiff purchased were designed defectively, causing the soles of the boot to unexpectedly separate and him to suffer an injurious fall.
Laborer says negligence of contractor heading up N.J. construction project caused his spinal injuries
PHILADELPHIA – A laborer working on a construction project in New Jersey who suffered a fall which fractured his spine in multiple places, alleges that negligence from the contractor on the project was the proximate cause of his injuries.
Commonwealth Court prevents Philly from vacating reinstatement of police lieutenant fired for alleged sexual harassment
HARRISBURG – Per a recent ruling from the Commonwealth Court of Pennsylvania, the City of Philadelphia was unsuccessful in its attempt to overturn the reinstatement of a police lieutenant who had been fired for alleged sexual harassment towards female officers more than three years ago.
Pa. Superior Court affirms dismissal of TCPA lawsuit lodged against Fla. insurance agent
HARRISBURG – The Superior Court of Pennsylvania has affirmed a trial court’s dismissal without prejudice of a prolific serial litigant’s Telephone Consumer Protection Act (TCPA) case against a Florida insurance agent.
Pa. man, N.J. law firm look to dismiss RICO case brought over debt collection suit
PHILADELPHIA – A Pennsylvania man and a New Jersey law firm seek dismissal in the case of a tangled series of legal wranglings stretching across two states, which originated with an underlying suit brought in New Jersey state court to collect a debt owed by a former student of Rutgers University, and then a countersuit brought in federal court against the collection law firm for alleged violations of the Fair Debt Collection Practices Act.
Fayette County denies charges of disability discrimination from one of its assessors
PITTSBURGH – Fayette County has denied allegations that it discriminated against one of its employees, based on her disabilities and/or perceived disabilities, in the form of attention-deficit hyperactivity disorder, anxiety and post-traumatic stress disorder.
Man exonerated after 27 years in prison for murder passes away while civil lawsuit is pending
PHILADELPHIA – A man who spent more than half of his life, 27 years, wrongly incarcerated and filed a civil suit against the City of Philadelphia and various officers involved in his arrest and prosecution has passed away.
Judge: Biological father of girl who died in hoverboard house fire cannot recover Wrongful Death Act damages
ALLENTOWN – A federal judge has ruled that the biological father of one girl among two killed in a fatal house fire in Hellertown in April 2022, a fire started by a hoverboard device which malfunctioned while charging, is not eligible to recover damages under the Wrongful Death Act.
Pa. State Police officer denies conducting unlawful search of N.J. man's car
WILLIAMSPORT – A Pennsylvania State Police officer has denied allegations from a New Jersey man that he conducted an unreasonable search of the plaintiff’s car through threatening to have the car towed and impounded, despite an alleged lack of probable cause.
Class action suit over powerboat maintenance will stay in original court
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, have successfully pushed for the suit to stay in its court of origin.
Contract dispute between finance law firm and marketing group headed to Pa. Superior Court
HARRISBURG – The case of a financial law practice’s breach of contract suit against a legal marketing company it alleged had devised a scheme to sabotage its website and social media outreach will come before the Superior Court of Pennsylvania this week.
Man's suit against Bath & Body Works over exploding candle to be resolved in arbitration
PHILADELPHIA – A Philadelphia man’s lawsuit claiming that a candle he had lit nearly three years ago caught fire and ignited in an explosive fashion, causing him to suffer severe burns to his fingers, hands and arms, will be addressed in arbitration as opposed to a courtroom.
Class action plaintiffs who alleged that lender violated cap on interest rates refuse arbitration compulsion
ERIE – A pair of in-state plaintiffs who alleged that a Delaware-based lender has violated Pennsylvania guidelines setting a cap on interest rates, are now rejecting an attempt to have their class action litigation against that same lender sent to arbitration.