Nicholas Malfitano News
City of Philadelphia wants to dismiss federal suit over 2022 fatal apartment house fire
PHILADELPHIA – The City of Philadelphia is seeking to dismiss a federal lawsuit spawning from a fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, for failure to state claims upon which relief could be granted.
North York Borough defendants file preliminary objections to council member's sexual harassment suit
YORK – In response to a sexual harassment lawsuit brought by a borough councilmember against North York Borough and its tax collector, the defendants have lodged preliminary objections which argue that defects in the suit have deprived the court of jurisdiction.
Saltz Mongeluzzi denies allegations made by former paralegal, over vax status disclosure
PHILADELPHIA – A prominent Philadelphia plaintiffs’ law firm has answered and denied claims made by one of its former paralegals, who alleged the firm disclosed her COVID-19 vaccination status to a legal news publication in violation of the confidentiality provisions of the Americans with Disabilities Act of 1990.
Upper Darby Township denies negligence allegations in pedestrian-car accident lawsuit
MEDIA – Upper Darby Township has denied allegations it was negligent in failing to ensure that a local shopping plaza included a designated pedestrian crosswalk, which resulted in a Drexel Hill woman being severely injured in a pedestrian-motor vehicle accident.
Chester County woman settles excessive force suit with Pottstown police officials just before trial
PHILADELPHIA – A Chester County woman who alleged that she was subjected to excessive force when arrested three-and-a-half years ago at a local hospital by various entities within the Pottstown Police Department, settled her case three weeks before trial.
Pa. man's claims versus e-cigarette battery manufacturer are time-barred, Nebraska Supreme Court rules
LINCOLN, Neb. – The Supreme Court of Nebraska ruled earlier this month that a Sharpsville man’s negligence and loss of consortium claims against a lithium-ion battery manufacturer and the owner of an e-cigarette kiosk were untimely, as provided by the applicable two-year statute of limitations under Pennsylvania law.
After deaths of girls blamed on hoverboard battery, judge OKs $38.5M settlement
ALLENTOWN – A federal judge has signed off on a settlement of $38.5 million in survival and wrongful death litigation surrounding a fatal house fire in Hellertown in April 2022, a fire started by a hoverboard device which allegedly malfunctioned while charging and killed two young girls.
Pa. state senator Boscola appeals judge's ruling in defamation suit
PITTSBURGH – A Pennsylvania state senator facing defamation allegations from an energy company president has appealed a judge’s denial of her preliminary objections to the Commonwealth Court.
Philly man who said he became ill after eating meal at Delaware County diner settles case
MEDIA – A Philadelphia man who alleged that a meal he ate at a Delaware County diner more than two years ago caused him to become ill with food poisoning and other gastrointestinal ailments, has settled his case.
Defendants in case alleging Starbucks coffee scalded plaintiff are fighting remand effort
PHILADELPHIA – Starbucks Coffee Company and its co-defendants have opposed a motion to remand litigation brought by a Northeastern Pennsylvania man who initially claimed in a Philadelphia state court that he received first and second-degree burns, from Starbucks coffee which spilled onto his lap.
Man accused of revenge over daughter's trampoline injury denies the allegations
PITTSBURGH – A local man accused of assaulting the father of a girl he supposedly blamed for his own daughter’s trampoline-related injuries, has denied those allegations in their entirety.
Woman allegedly injured on Allegheny County Port Authority bus has case transferred to 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, has seen her case be transferred to arbitration.
Parents who said difficult delivery at Gettysburg Hospital caused child's neurological damage may want to settle
HARRISBURG – The parents of an infant who sustained severe neurological damage and claimed that damage was received in the improper delivery of their child by employees of Gettysburg Hospital, may be moving towards a settlement.
Pa. courts weigh whether Jehovah's Witnesses elders must report confessed child abuse
HARRISBURG – After the Commonwealth Court of Pennsylvania dismissed a petition from a group of Jehovah’s Witnesses nearly two years ago, which argued the confidentiality of their confessions shielded them from being mandatory reporters of child abuse, the Supreme Court of Pennsylvania overruled their colleagues and decided the Commonwealth Court must re-examine the action.
Medical expert witness firm and owner deny lawsuit's defamation claims
SCRANTON – A business providing medical expert witnesses for the courtroom and its owner have emphatically denied charges of defamation brought against them by an alleged former employee and Luzerne County nurse, charges which the plaintiff claimed have harmed his professional prospects.
Federal court may dismiss case against Colwyn and officials, for lack of default judgment pursuit
PHILADELPHIA – Litigation from a Delaware County man which alleged 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, may be dismissed later this month if the plaintiff does not file for entry of default.
Satalio's Restaurant rejects cross-claim liability for injuries suffered by customers who fell from deck
PITTSBURGH – Satalio’s Restaurant has denied cross-claim liability levied against it by plaintiffs who said the establishment had a non-compliant outdoor wooden deck attached to its property, from which they fell more than a year ago and sustained several serious injuries in the process.
Pittsburgh couple settle wrongful death allegations against UPMC Magee-Womens’ Hospital for $50K
PITTSBURGH – A Pittsburgh couple who alleged that professional negligence on the part of personnel at the University of Pittsburgh’s Magee-Womens’ Hospital directly led to the death of their newborn child in 2021, recently resolved their claims through a $50,000 settlement.
PetSmart customer who said pooled water on the floor caused her to fall settles case
SCRANTON – A PetSmart shopper and her spouse who alleged the business allowed water to pool on the floor of one of its stores, which allegedly caused the wife-plaintiff to fall and suffer a series of severe knee, hip and back injuries, have settled their case.
Pittsburgh Cheesecake Factory denies fault for glass present in woman's appetizer
PITTSBURGH – A Pittsburgh branch location of The Cheesecake Factory has denied responsibility for the presence of glass inside an appetizer which a local woman bit into nearly two years ago, and suggested she was comparatively negligent for her own injuries.