Nicholas Malfitano News
Federal judge declares Educator Discipline Act unconstitutional, plaintiff requests $64K in legal fees
PHILADELPHIA – A federal judge recently ruled that a Bucks County man would be granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – while that same plaintiff also seeks more than $64,000 in legal fees from the Bucks County District Attorney.
Sewickley Heights farm owners say their neighbors, the mayor and his wife, have harassed them for years
PITTSBURGH – In the latest chapter of a long-standing legal feud between owners of a Sewickley Heights farm and their next-door neighbors, the borough’s mayor and his spouse, the plaintiff seeks compensatory and injunctive relief for alleged instances of trespass, reckless negligence and violation of the state constitution committed by the defendants and members of local police.
Chesco defendants reject allegations they were at fault for Port-O-Potty striking plaintiff
MEDIA – A trio of Chester County defendants have rejected claims that they were responsible for the plaintiff’s being struck by a Port-O-Potty while it was being moved and received serious injuries, allegedly due to the negligence of the backhoe operator tasked with moving the object.
Plaintiffs still allege they fell from non-compliant, outdoor wooden deck at restaurant
PITTSBURGH – A pair of Pittsburgh plaintiffs have reiterated claims that Satalio’s Restaurant had a non-compliant outdoor wooden deck attached to its property, which they fell from more than a year ago and sustained several serious injuries in the process.
Parents of child who fell off neighbors’ ramp settle claims with them for $115K
SCRANTON – The parents of a young child who suffered a broken left forearm after a fall off the side of a ramp located at their neighbors’ back door, have petitioned for the execution of a settlement of $115,000.
Judge orders ex-Amtrak employee’s claims against company stayed, for arbitration
PHILADELPHIA – A federal judge has ordered litigation from a former Amtrak engineer who alleged he was terminated for reporting mismanagement and safety issues on rail line projects as stayed, pending an arbitration session.
Yeadon denies that it discriminated against its former Borough Manager by gender and race
PHILADELPHIA – The Borough of Yeadon has denied allegations of gender and race discrimination from its former Borough Manager, arguing that it simply did not renew a contract with the plaintiff’s employer.
Tentative settlement reached for former IRS staffer in case against Lower Frederick and police official
PHILADELPHIA – A plaintiff who initially alleged civil rights violations, discrimination and retaliation were committed against him in violation of both state and federal laws, including a claim that he was terminated from his role at the Internal Revenue Service because of unlawful retaliation by Lower Frederick Township and its Chief of Police, has tentatively settled his claims.
Expert witness nurse says former employer defamed him and affected his retention services
SCRANTON – A Luzerne County nurse alleges that his former employer, who he had secured work through to be used as an expert witness in medical malpractice cases, defamed him in an email and harmed his future opportunities to be chosen as such an expert.
Parents who alleged their home was stormed by Philly deputies drop two of their claims
PHILADELPHIA – Parent plaintiffs who claimed multiple officers from the Philadelphia Sheriff’s Department violated their civil rights when they executed a search warrant at their home in an attempt to find the plaintiffs’ son, who had been murdered five months before the search took place, have agreed to drop two claims from their case.
Judge partially grants dismissal to Northumberland County, in case connected to jail suicide
WILLIAMSPORT – Northumberland County and its corrections co-defendants have won partial dismissal of a claims in a complaint alleging that staffing at the county jail was inadequate and ineffective, leading the plaintiff’s daughter to commit suicide when she found herself incarcerated at the facility on drug charges.
Judge overrules objections in defamation suit between energy group president and Pa. senator
PITTSBURGH – A state court judge has overruled preliminary objections from a Pennsylvania state senator targeted with defamation allegations from an energy company president, who claimed the senator’s use of his last name to describe the practice of not limiting net energy metering in a memorandum for her proposed legislation has harmed his professional reputation.
Comfort Inn hotel denies alleged liability and wrongdoing associated with man's drowning death
PITTSBURGH – A Comfort Inn hotel in Pittsburgh has denied liability for the death of a man who died as a result of drowning in its pool last July, as alleged in a wrongful death lawsuit brought in his name.
Attorney who said former firm owes him compensation reaches tentative settlement agreement
PITTSBURGH – An attorney who resigned from a local law firm at the end of 2021 and brought action on claims that the firm unfairly denied him compensation, has tentatively settled those same claims.
N.J. man who alleged Pa. athletic commission authorities sabotaged his pro boxing event may face dismissal
HARRISBURG – A New Jersey man who launched legal action against the Pennsylvania State Athletic Commission and its personnel – alleging they conspired against him to prevent him from holding a professional boxing card in Harrisburg – may have his case dismissed, if service is not made by the beginning of next month.
Case alleging Starbucks coffee scalded plaintiff may be remanded to state court
PHILADELPHIA – A Northeastern Pennsylvania man, who claimed in a Philadelphia state court that he received first and second-degree burns from Starbucks coffee which spilled onto his lap and saw the case removed to federal court, is now trying to remand the case to its original court.
Counsel for engineer in 2015 Philly Amtrak derailment is facing $322K in legal fees
PHILADELPHIA – Counsel for the engineer of an Amtrak train that crashed and derailed in Philadelphia in 2015, who withdrew his client’s suit against the transit company in the interest of seeking relief in a state court and preventing duplicative litigation, is now facing a pursuit from Amtrak for over $322,000 in legal fees.
Lawsuit says Pine-Richland transgender student policy strips parental rights
PITTSBURGH – A Western Pennsylvania parent has launched legal action against their local school district, arguing that one of its policies designed to protect the privacy of transgender students, instead prevents parents from learning and making decisions about the gender status of their own children.
Some claims dropped from suit brought by family of transgender woman killed by Malvern police
PHILADELPHIA – Pursuant to mutual stipulation between the family of a transgender woman who was shot and killed inside their own home by members of the Malvern Police Department during a wellness check last year, as well as the Department, the Borough of Malvern and the police officials involved in the incident, several claims have been withdrawn from the lawsuit connected to it.
Medical defendants deny negligence allegations, after patient falls off treadmill during stress test
WILLIAMSPORT – A litany of health care defendants accused of committing negligence – 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 – have denied being responsible for her damages.