Nicholas Malfitano News
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Mother who alleged police officer distributed photos of her son’s suicide rejects City’s dismissal motion
PHILADELPHIA – The mother of a man who died by suicide during a mental health episode two years ago has opposed efforts from the City of Philadelphia to dismiss her litigation, which alleged an unidentified local police officer photographed her son’s lifeless body and distributed it online.
Woman injured during treadmill stress test says doctors shouldn't be dismissed from suit
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test has reiterated 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, and has rejected two doctors’ attempt to be dismissed from the case.
Alabama paper supply company seeking dismissal of postal worker’s chemical burn injury suit
PITTSBURGH – An Alabama paper supply company is seeking to dismiss litigation which alleged the plaintiff suffered third-degree chemical burns when a drain cleaner product being sent through the mail leaked through its thin packaging and made contact with her body.
Leet Township objects to ex-police chief's breach of contract suit, says he was “at-will employee”
PITTSBURGH – Leet Township has objected to a lawsuit brought by its former chief of police – who alleged he was fired four years before his contract expired and is now seeking financial remuneration – and countered that he was instead an at-will public employee, who could be dismissed at any time.
Lehigh Township and its Chief of Police settle former officer's claims of sexual harassment for $1.75M
ALLENTOWN – Lehigh Township and its Chief of Police have settled litigation from a female former officer of the Lehigh Township Police Department for $1.75 million – litigation which alleged that, over a five-year period, the Chief of Police targeted her for sexual harassment, discrimination and abuse, creating what she called a “hostile, toxic and intolerable work environment” that led to her resignation.
Third Circuit says undated mail-in ballots may be thrown out, overturns Pa. lower court ruling
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court ruling which had decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania, after the Republican Party’s state and national wings appealed the initial ruling – a decision likely to head to the U.S. Supreme Court on appeal and have tremendous import in November’s presidential election, which will once again see the Keystone State as a battleground.
Judge suggests dismissal for N.J. man who alleged Pa. authorities sabotaged his pro boxing event
HARRISBURG – A New Jersey man who launched legal action against the Pennsylvania State Athletic Commission and its personnel – alleging they conspired against him to prevent him from holding a professional boxing card in Harrisburg – may have his case dismissed, according to a federal magistrate judge’s recommendation.
Plaintiffs in class action wage dispute case against U.S. Steel seek remand to state court
PITTSBURGH – Counsel behind a class action complaint which alleged U.S. Steel 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, is opposing the suit’s removal to federal court and seeking it to be remanded to the Allegheny County Court of Common Pleas.
Judge who declared Educator Discipline Act unconstitutional awards plaintiff $36K in legal fees
PHILADELPHIA – A federal judge who ruled that a Bucks County man would be granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – also awarded more than $36,000 in legal fees from the Bucks County District Attorney to the plaintiff.
Colwyn Borough set to defend itself from malicious prosecution suit, after default was set aside
PHILADELPHIA – The Borough of Colwyn is ready to defend itself from litigation brought by 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.
Bucks County files major lawsuit versus Big Oil, charges companies misled public about climate change impacts
DOYLESTOWN – Bucks County has launched litigation against several oil companies and the American Petroleum Institute, charging that the defendants collectively misled the public about the burning of fossil fuels and its catastrophic effect on climate change, the effects of which have damaged County residents.
Delco homeowner and insurer who claimed Amazon sold pest repellent that caused fire end case
PHILADELPHIA – A Delaware County homeowner and his insurance company who alleged that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com, have ended their case.
Eddystone and police officer look to dismiss excessive force suit from brother of YouTube vlogger
PHILADELPHIA – The Borough of Eddystone and a police officer are seeking to dismiss excessive force litigation from the brother of a YouTube video blogger, who had alleged the defendants approached his vehicle with guns drawn, initiated a high-speed chase, and collided with his vehicle resulting in an accident and injury.
Couple who alleged defective hunting boots injured husband settle case
PITTSBURGH – A Western Pennsylvania couple who alleged that a pair of hunting boots the husband-plaintiff purchased were designed defectively, causing the soles of the boot to unexpectedly separate and him to suffer an injurious fall, have settled their claims.
Drowning during UTV crash leads to lawsuit in Lackawanna County
SCRANTON – A Lackawanna County man alleges that collective product liability on the part of manufacturers of an off-road utility vehicle and negligence on the part of the commercial operators of land where the vehicle overturned, resulted in the plaintiff’s wife dying by drowning in a UTV accident.
Judge will not reconsider dismissing defamation count against Gov. Shapiro, in man's malicious prosecution suit
SCRANTON – A federal judge has denied a motion for reconsideration regarding the dismissal of a defamation count, in litigation from a man who alleged former Attorney General (and now, Governor) Josh Shapiro breached an agreement of non-prosecution with him.
Law firm denies improper representation in transaction surrounding liquor license transfer
PITTSBURGH – A Pittsburgh law firm has denied allegedly engaging in dual-representation of a pair of Latrobe plaintiffs and an opposing party, and positioning themselves to receive legal fees and proceeds from the sale transfer of the plaintiffs’ liquor license.
Man who fell through Giant Eagle store floor wants video footage
PITTSBURGH – Counsel for a local man is seeking a state court to reconsider its decision to deny him from obtaining in-store video footage from a Giant Eagle supermarket in Export, where their client alleged he fell through an exposed section of the store flooring during a shopping trip.
Judge orders defendants removed from wrongful death suit, against Shohola nursing home
SCRANTON – In accordance with the prior recommendation of a federal magistrate judge, a group of defendants have been dismissed from a wrongful death lawsuit brought against a Shohola nursing home – which alleged that negligent care on its part and that of others led to the death of the plaintiff’s husband.
Corporate defendants disclaim liability for causing propane explosion that injured plaintiffs
PITTSBURGH – Two defendants named in a product liability action by a group of plaintiffs severely burned in a propane tank explosion and two of their spouses, have hit back at claims they were contributorily liable for the explosion through their manufacture of the products involved in the incident.