Nicholas Malfitano News
Philly Roundup judge slams Monsanto's attempt at relief after $175M jury verdict, adds $2.3M
PHILADELPHIA – A Philadelphia trial court judge has upheld a $175 million verdict against the manufacturers of weed killer product Roundup, added nearly $2.3 million in delay damages to that amount and blasted the company’s challenge to the verdict amount as “unfathomable”, “stubborn” and “indignant.”
Sesame Place Philadelphia gets partial dismissal of expert testimony, in discrimination suit accusing it of racism
PHILADELPHIA – SeaWorld’s Sesame Place Philadelphia have received partial dismissal of opposing counsel’s expert witness, in litigation which charged that employees of the park discriminated against the plaintiff’s daughter, a Black child, during a meet-and-greet session with some costumed characters.
Parents who sued hospital over transport of fetus to funeral home discontinue their case
YORK – Parents who sued Wellspan York Hospital for not getting the remains of a fetus to their preferred funeral home in a timely fashion have discontinued their case, after one month of litigation.
Schuylkill County couple suing over AMC movie theater fall agree to $75K damages cap and remand
SCRANTON – A Schuylkill County couple and AMC Movie Theatres have mutually stipulated that a lawsuit claiming the wife-plaintiff suffered a broken right foot and other injuries, as a result of falling on an obscured hazard in a dimly lit AMC movie theater more than two years ago, would have its damages capped and be remanded to state court.
Phila. says res judicata should dismiss federal case over warrant search for plaintiffs' deceased son
PHILADELPHIA – The City of Philadelphia has argued for dismissal of litigation alleging the Philadelphia Sheriff’s Department violated the plaintiffs’ civil rights when they conducted a warrant search for their deceased son, on the grounds of res judicata and failure to state claims upon which relief could be granted.
Third Circuit sends privacy class action against Penn Medicine back to state court
PHILADELPHIA – A federal appellate court has ruled that a class action case alleging the University of Pennsylvania Health System violated a Pennsylvania privacy law by installing a Facebook Pixel on its patient portal – allowing the social media company to access personal health information of its users – will be heard in state court.
Federal judge orders case alleging Starbucks coffee scalded plaintiff remanded to state court
PHILADELPHIA – Due to a lack of diversity of citizenship between the parties, a federal judge has remanded to state court litigation brought by a Northeastern Pennsylvania man, who claimed he received first and second-degree burns from Starbucks-brand coffee which spilled onto his lap.
Philadelphia law firm denies it wrongfully terminated its former library and research manager
PHILADELPHIA – A Philadelphia law firm has denied allegations from one of its former employees, a Florida man, in failing to accommodate his psychological medical conditions and terminated him in violation of both state and federal law.
Family of inmate about to be released after 45 years only to die of COVID-19 drops case
PHILADELPHIA – The family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades and sued state officials for not approving the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death, have voluntarily and mutually dismissed their case alongside the defendants.
Judge dismisses lawsuit over man killed on Amtrak train tracks in Northeast Philadelphia
PHILADELPHIA – A federal judge has dismissed without prejudice litigation from the sister of a man killed by a passing SEPTA train in Northeast Philadelphia nearly two years ago, a suit which contended that the Amtrak train company had a responsibility to construct protective fencing around the tracks it owned, where the incident occurred.
Federal court enters default against Colwyn and police officials, in false arrest and malicious prosecution suit
PHILADELPHIA – A Delaware County man who 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, has received a default judgment.
Hidden Valley Mountain Resort wants to transfer injury suit to Somerset County court
PITTSBURGH – On the grounds of improper venue, Hidden Valley Mountain Resort has objected to litigation from the parents of a young man injured at its resort, when he dropped to the ground to escape a non-functioning chairlift.
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.