Nicholas Malfitano News
TCPA class action against accident attorneys for unsolicited phone calls gets new defendant
WILLIAMSPORT – A Central Pennsylvania man has named an additional defendant in a class action lawsuit against the Accident Attorneys of America, alleging that the firm has violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients.
East Allegheny School District reiterates its argument in tax increase appeals case
PITTSBURGH – A senior residential development has reiterated claims that the East Allegheny School District has violated the Pennsylvania Constitution’s Uniformity Clause and the U.S. Constitution’s Equal Protection Clause by selectively filing increase appeals against the assessments of properties recently purchased by new buyers, while leaving unchanged the assessments of properties not recently sold – and opposed their preliminary objections refuting that claim.
Days Inn hotel in Pittsburgh says it's not responsible for injuries of man who fell exiting shower
PITTSBURGH – A Days Inn Hotel in Pittsburgh has denied liability for injuries which a local man says he suffered during his stay two years ago, when he exited a shower, fell and sustained a broken hip.
Claims made by former inmate at Montgomery County Correctional Facility are dismissed after his death
PHILADELPHIA – Litigation from a man incarcerated at the Montgomery County Correctional Facility arguing that his civil rights were violated during his stay, has been voluntarily dismissed without prejudice in the wake of his death.
Lancaster civic group denies liability for injuries sustained by woman who fell outside its building
LANCASTER – A Lancaster civic group has denied claims of negligence, in litigation from a Delaware woman who claimed such circumstances resulted in her falling on a broken curb and sidewalk located in front of its headquarters more than two years ago.
Brookville is denied dismissal of suit over former cop who allegedly sexted and assaulted plaintiff
PITTSBURGH – The Borough of Brookville has been denied dismissal of litigation from a Clarion County woman, who alleged that a now-former member of the Brookville Police Department sent her salacious messages through social media and when his advances were rebuffed, stalked and sexually assaulted her.
Judge tosses claims in wrongful death suit of intoxicated man left at bus stop by cops and hit by car
PHILADELPHIA – Marple Township and several of its police officers have won partial dismissal of claims in civil rights litigation brought by the estate of a man who was left at a bus stop while intoxicated and then killed by a passing vehicle shortly thereafter.
Philly wins dismissal of RFK Jr.-chaired nonprofit's case against COVID child vax measures
PHILADELPHIA – The City of Philadelphia has won dismissal of litigation from a California nonprofit group chaired by independent presidential candidate Robert F. Kennedy Jr. concerning allegations that the City was vaccinating young children against COVID-19 without parental consent, for a lack of subject matter jurisdiction.
Lack of jurisdiction seals dismissal of Pa. couple's lawsuit over defective solar grid
PITTSBURGH – For jurisdictional reasons, a federal judge has ordered the dismissal of a Western Pennsylvania couple’s litigation against a trio of Texas-based defendants, concerning property damages they alleged they incurred due to a defective do-it-yourself, off-grid solar kit.
Mother of man killed in pub shooting opposes objections, in suit surrounding her son's death
PITTSBURGH – The mother of a man killed in a shooting at a New Kensington pub more than two years ago has opposed preliminary objections in her wrongful death litigation against the establishment, insisting its alleged over-serving of alcoholic beverages to the shooter and overall failure to prevent her son’s death.
Pa. company disavows liability for ceiling beam which struck plaintiffs at Marriott hotel
LANCASTER – A Pennsylvania company has denied liability for damages alleged by a pair of plaintiffs, one local and one from South Carolina, who claimed they were struck by a wooden beam which fell from the ceiling as they were dining inside a local Marriott hotel restaurant.
Black former DHS employee settles discrimination and retaliation claims
PITTSBURGH – A Black former employee of Allegheny County’s Department of Human Services who claimed that it retaliated against and fired her from her role within the department, in response to her reporting alleged discrimination tactics against her, has settled her claims.
Allegheny County woman who claimed Aldi's negligence led to metal shelf falling on her gets settlement
PITTSBURGH – An Allegheny County woman who brought suit against discount grocery store chain Aldi, after she said a metal produce shelf fell on her when she was shopping inside the grocer’s West Mifflin store, recently settled her claims.
Third Circuit will not reinstate suits over collection of post-employment union dues
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently refused to reinstate a trio of federal court cases lodged against American Federation of State County and Municipal Employees and the Service Employees International Union local groups, over collection of dues from their members after their employment ended.
Olyphant family who posted sign reading “F— THE GOVERNMENT” may settle with local officials
SCRANTON – An Olyphant family who alleged their rights to free speech and expression were being infringed upon by their borough and its zoning official, who had taken exception to a sign posted outside their home which read “F— THE GOVERNMENT”, have received a stay of their case, in advance of a potential settlement.
Bradford County father who saw his son killed by Pa. State Police files lawsuit against officers
WILLIAMSPORT – A Bradford County father who witnessed his 15-year-old son being shot and killed by three Pennsylvania State Police troopers last year, has sued them for what he argues was his son’s wrongful death.
Plaintiff maintains that Comfort Inn hotel was responsible for her son's drowning death
PITTSBURGH – The mother of a man who died as a result of drowning in the pool of a Comfort Inn hotel in Pittsburgh insists that the hotel remains at fault for her son’s death.
Plaintiffs who alleged $400K in home damages from Rust-Oleum voluntarily dismiss case
PHILADELPHIA – A pair of Pennsylvania homeowners who said that a wood-staining product they purchased at a local Home Depot store caused a significant fire at their residence and led to more than $400,000 in damages recently ended their case through a voluntary dismissal.
Delco man settles excessive force case with Upper Chichester Township Police Department
PHILADELPHIA – A Delaware County man who alleged he was the victim of excessive force and suffered several serious injuries when he was assaulted without warning by several members of the Upper Chichester Township Police Department three-and-a-half years ago, recently settled his case.
Three defendants in $2M DEP suit over remediation costs found in default in federal court
PITTSBURGH – Three defendants have been found in default in litigation from the state’s Department of Environmental Protection, which is looking to recoup more than $2 million in costs from a remediation and removal process it undertook and completed to remove hazardous substances from a Rochester warehouse property.