Nicholas Malfitano News
Judge rules N.Y. gamblers speaking Punjabi properly pled discrimination against Pa. casino
SCRANTON – A federal judge has rejected a motion to dismiss from a Northeastern Pennsylvania casino, which is accused of discrimination by five New York plaintiffs of Indian ancestry who said they faced such treatment for using their native language of Punjabi while gambling.
Bucks County law firm wants dismissal of trademark suit over phrase 'Education Lawyers'
PHILADELPHIA – A Bucks County-based law firm seeks dismissal of a Philadelphia firm’s lawsuit, which seeks review of an order which struck down its attempt to cancel the defendant’s trademark surrounding the phrase “Education Lawyers”, in reference to both of their areas of legal expertise.
Plaintiff counsel drops negligent infliction of emotional distress counts, from Flying Fairy toy lawsuit
PITTSBURGH – Plaintiff counsel has authorized the dismissal of two counts of negligent infliction of emotional distress from a Blairsville couple’s lawsuit, one which claimed a Flying Fairy toy was defectively designed and when launched, collided with one of the plaintiff’s eyes and caused extensive ocular injuries.
Scooter company says Fla. bankruptcy proceeding should stay Allegheny County injury case
PITTSBURGH – Counsel for a group of related scooter company defendants have filed notice of bankruptcy and are seeking a stay from litigation brought forward by a New York man, who said he fractured his collarbone after falling on an abandoned Spin-brand scooter on a Pittsburgh sidewalk.
Judge disallows amicus brief from LGBTQ group, in suit over first-graders taught transgender issues
PITTSBURGH – A federal judge has denied the submission of an amicus brief from an LGBTQ nonprofit group, in a lawsuit from a group of parents which alleged their civil rights were violated when Mount Lebanon School District provided classroom instruction to their first-grade children on the topics of gender dysphoria and transgender transitioning.
Investigative journalist settles 'Gag Rule' suit with Allegheny County
PITTSBURGH – A Pittsburgh investigative journalist who contended that “Gag Rule” policies enacted by the Allegheny County Bureau of Corrections violated the First Amendment rights of County Jail employees and contractors, and prevented her from developing sources to offer comment for stories detailing events which have taken place inside the jail, has come to a settlement with the County.
Runner who claimed he was sprayed by copper pesticide during jog in Mount Lebanon settles case
PITTSBURGH – A local man who alleged he suffered permanent facial and oral injuries after being exposed to a copper-based pesticide being used to spray trees while he was out on a run in Mount Lebanon nearly two years ago, has settled his claims.
UPenn faculty sue school over anti-Semitism investigation it equates to new 'McCarthyism'
PHILADELPHIA – A group of University of Pennsylvania professors have sued the school, alleging its cooperation with Congressional investigations into anti-Semitic activity on campus have compromised their free speech and privacy rights, and are tantamount to a modern form of “McCarthyism.”
U.S. Steel refers to federal statute in removal of class action over plant employee wages
PITTSBURGH – Citing a federal statute, U.S. Steel has likewise removed to federal court a class action complaint which alleged it violated the Pennsylvania Minimum Wage Act (PMWA), by not paying employees for the time they spent showering and walking to their worksites, among other pre- and post-work activities.
Judge denies Penn State's search for other settlements in case of death at frat house
WILLIAMSPORT – A federal judge recently denied a defendant’s request to compel discovery statements from some of his co-defendants who entered into a prior settlement, with the plaintiff parents of a Penn State University student who died at a fraternity chapter house in 2017.
Suit over injury at Marshall's HomeGoods store may be thrown out, if default isn't pursued
PHILADELPHIA – A local woman who alleged she was seriously injured at a Marshalls HomeGoods store in Northeast Philadelphia when a desk chair she was seated on unexpectedly moved and she fell, may have her case dismissed if she does not file for a default judgment within the next two weeks.
New Kensington couple reiterate allegations they were sickened by mold present in their new home
PITTSBURGH – A Western Pennsylvania couple have restated allegations against the couple who sold them their home, as well as a residential inspection service, after they allegedly developed illness from mold later found to be present in the home.
Nonprofit legal services employee who alleged retaliation for reporting discrimination settles case
PHILADELPHIA – An employee for a non-profit legal services provider who alleged that she suffered racial and disability discrimination, in retaliation for reporting similar behavior in her workplace, recently withdrew her case.
JCPenney moves for summary judgment in injury suit over fall at its store in Oxford Valley Mall
PHILADELPHIA – JCPenney has motioned for summary judgment, in litigation which a Bucks County man said he suffered at the retailer’s store in Langhorne’s Oxford Valley Mall more than three-and-a-half years ago.
Fall sustained during construction of Geisinger Medical Center Muncy leads to injury lawsuit
WILLIAMSPORT – A Snyder County couple have sued a host of defendants they believe are responsible for injuries the husband-plaintiff’s allegedly sustained on the job, while building a new facility for Geisinger Medical Center.
Lancaster is dismissed from litigation concerning alleged warrantless raids of vape businesses
ALLENTOWN – Lancaster County has been dismissed from litigation asserting that its district attorney and police officers conducted warrantless raids of businesses selling vape products last April, raids which those proprietors contend were illegal and contradictory to state laws currently on the books.
Pa. State Police barracks visitor who claimed she fell on building's front steps settles case
WILLIAMSPORT – A Lycoming County woman who alleged that while visiting a Pennsylvania State Police barracks, she encountered a defective condition in the building’s front steps, leading her to fall and break her left leg and left shoulder, has settled her case.
Woman seriously injured on treadmill during stress test maintains medical defendants were negligent
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test has held fast to her claims that doctors ignored her warnings that the speed of the treadmill was too fast for her to keep up, leading her to fall and suffer a broken arm and other injuries.
Expert witness nurse restates defamation claim lodged against his former employer
SCRANTON – A Luzerne County nurse has reiterated allegations that his former employer, who he had secured work through to be used as an expert witness in medical malpractice cases, defamed him in an email and harmed his future opportunities to be chosen as such an expert.
Federal judge confirms $779K arbitration award to franchisee, in Choice Hotels lawsuit
ALLENTOWN – A federal judge has confirmed a $779,000 arbitration award decided in favor of a plaintiff franchisee in a wide-ranging lawsuit brought by such franchisees against the Choice Hotels organization, who claimed they have been overcharged inflated fees to increase the group’s revenue and have been subjected to discriminatory treatment based on race.