Nicholas Malfitano News
Penn State moves to dismiss majorette’s sexual and gender harassment lawsuit
WILLIAMSPORT – Penn State University has moved to dismiss a lawsuit from one of its former majorettes – which alleged she was subject to unrelenting sexual and gender harassment from her coach during her four-year tenure in the school’s band and that school officials did nothing to stop the coach’s behavior – by arguing the plaintiff has not properly pled her claims.
Nurse and knife assailant's mental health was not our responsibility, staffing company says
PITTSBURGH – A medical staffing company has denied any and all liability for injuries sustained by a local woman in an altercation more than two years ago, when that plaintiff was stabbed in the back while working as a nurse/school bus aide – by a fellow nurse employed by the corporate defendant.
Hawley resort denied summary judgment, in N.J. educator's personal injury lawsuit
SCRANTON – A federal magistrate judge has denied a motion for summary judgment from a Hawley resort, which had been accused of negligence by a New Jersey woman who received a severe ankle injury on its premises nearly five years ago.
Allegheny County judge grants preliminary objections in suit surrounding Comfort Inn drowning death
PITTSBURGH – A state court judge has granted defense preliminary objections, in a case brought by the mother of a man who died as a result of drowning in the pool of a Comfort Inn hotel in Pittsburgh.
Construction company says it's not at fault for wooden beam falling on plaintiffs
LANCASTER – A local construction 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.
Judge denies judgment motion from defense in alleged malicious prosecution lawsuit
PHILADELPHIA – A federal judge has denied a motion for judgment on the pleadings from Chester County and one of its police detectives, paving the way for a malicious prosecution suit against them from a man wrongfully convicted of a home invasion and murder, to continue.
Judge sends suit over shooting at New Kensington pub to Westmoreland County court
PITTSBURGH – A state court judge has partially denied preliminary objections in wrongful death litigation against a New Kensington pub, in a lawsuit brought by the mother of a man killed in a shooting there in 2021 – one which insisted the pub’s alleged over-serving of alcoholic beverages to the shooter and failure to prevent the shooting, directly led to the plaintiff’s son’s death.
Couple maintain wife was injured during pickleball game, Allegheny County says she trespassed
PITTSBURGH – A Washington County couple have reiterated personal injury allegations against Allegheny County, charging its negligence led to the wife-plaintiff falling during a spirited game of pickleball nearly two years ago.
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.