Nicholas Malfitano News
Allegheny County Jail inmate reiterates that slick shower floor led to his fall and herniated discs
PITTSBURGH – An Allegheny County Jail inmate who alleged the slippery surface of a shower floor caused him to fall and suffer herniated discs in his spine and other injuries, has reiterated his claims that the county is liable.
YMCA facility denies discriminating against and wrongly firing Black lifeguard
PHILADELPHIA – A local YMCA facility has denied allegations of racial discrimination lodged by a Black lifeguard, who claimed he was unjustly fired despite leading an emergency rescue situation, while the posted lifeguard, a Caucasian woman, was absent.
Court: State AG can resolve opioid and other consumer protection suits, DA's can't
HARRISBURG – The Pennsylvania Attorney General’s Office has the ultimate authority in resolving litigation brought under the Unfair Trade Practices and Consumer Protection Law and not the district attorneys of Philadelphia and Allegheny counties, per a first impression ruling from the Commonwealth Court.
Equipment operator allegedly fired for Facebook post loses claims from his case
SCRANTON – A transportation equipment operator who alleged 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 lost partial counts from his complaint, on order of a federal judge.
Makers of infant sleeping device that allegedly killed four-month-old will question his father
PHILADELPHIA – The makers of an infant sleeping device who allegedly failed to correct an inherent flaw in the product that resulted in the death of a nearly-four-month-old infant have been granted the opportunity to depose one of the plaintiffs while he is incarcerated on unrelated criminal charges.
Attorney who alleged other counsel stole his work product and refused to return it overcomes sanctions try
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 has overcome an attempt at sanctions levied against him by the defendants.
$1.1M settlement proposed in class action versus Gannon University over its format during COVID-19
ERIE – An undergraduate student who filed a class action lawsuit against Gannon University, claiming that he and others were deprived of the on-campus education and experience they paid for when the COVID-19 pandemic occurred and learning shifted to remote status, now looks to have the case settled for $1.1 million.
Families of Chester children killed by passing Amtrak train, fight motion for judgment on pleadings
PHILADELPHIA – The estates of two minor children from Chester, who were killed in April by a passing Amtrak train going from New York to Washington, D.C., have opposed the transit company’s motion for judgment on the pleadings, in a lawsuit that claimed the company is liable for the children's deaths.
Federal judge sides with former CHOP engineering supervisor, who was fired for not getting COVID vax
PHILADELPHIA – A federal judge has ruled that a former engineering supervisor who claimed he faced religious discrimination in his work at The Children’s Hospital of Philadelphia based upon his refusal to get the COVID-19 vaccine and who was later fired for that same decision, has presented a strong enough case for the matter to proceed.
Philadelphia jury hands down $2.2B verdict in third Roundup trial, the largest ever for that product
PHILADELPHIA – The manufacturers of weed killer Roundup have lost a third trial in Philadelphia and were hit with its largest-ever verdict at a whopping cost of $2.25 billion, not long after local juries handed down a $175 million verdict award to plaintiffs in the first case and a $3.5 million award in the second.
Judge denies motion to remand passengers’ lawsuit against American Airlines to state court
PHILADELPHIA – A federal judge has decreed that a lawsuit brought by two passengers removed from an American Airlines flight nearly three years ago, will not be remanded to its state court of origin in Philadelphia.
Woman allegedly injured aboard Allegheny County Port Authority bus requests arbitration
PITTSBURGH – A Pittsburgh woman who claimed that she suffered severe arm and shoulder injuries due to a fall she took while being a passenger aboard a bus operated by The Port Authority of Allegheny County, is requesting the case be transferred to arbitration.
Former Curran-Fromhold Correctional Facility warden dismissed from excessive force litigation
PHILADELPHIA – A former warden at Curran-Fromhold Correctional Facility has been dismissed from litigation which alleged her fellow corrections officials used excessive force on a man incarcerated there two years ago.
Former Philly teacher who objected to LGBTQ student policy settles his retaliation claims
PHILADELPHIA – A former middle school teacher in Philadelphia who alleged his firing was due to objections he made in reference to a pro-LGBTQ student policy, which he stated are in violation of his Christian beliefs, recently settled his claims.
Man who vocally criticized Trump settles unlawful arrest claims with Millcreek Township police
PITTSBURGH – A Western Pennsylvania man witnessed yelling about former President Donald Trump while listening to his car radio and stopped at an intersection in September 2022 and who claimed that Millcreek Township police officers then appeared at his residence and unlawfully arrested him for disorderly conduct and public drunkenness, has voluntarily dismissed his own claims.
Salesperson who said he was fired from data and analytics company due to age discrimination reaches settlement
PHILADELPHIA – A salesperson for a global data and analytics company who contended he was discriminated against and later fired from his position based on his older age, recently dismissed his claims.
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.