Nicholas Malfitano News
Police tased and permanently blinded toddler, lawsuit claims
PHILADELPHIA – A Philadelphia woman alleges that a pair of Philadelphia police officers who were investigating a domestic incident in the vicinity of her apartment, indiscriminately fired their energy weapons and struck her two-year-old son in the chest and eye, causing him permanent blindness and other injuries.
Suit: Philadelphia police officers failed to prevent man's death from overdose in custody
PHILADELPHIA – The widow of a 44-year-old man who died of a drug overdose while in custody of the Philadelphia Police Department two-and-a-half years ago has filed a wrongful death lawsuit against two Department officers, charging they failed to take procedural steps which may have saved her late husband’s life.
Garnet Valley School District settles with N.C. bus manufacturer after garage fire
MEDIA – In response to a fire which took place in its bus garage, the Garnet Valley School District has, through its insurer, settled a product liability lawsuit against the manufacturer of the buses to recover damages it says it sustained.
Postal worker holds true to claims that multi-unit mailbox fell and hit her in the chest
PITTSBURGH – A Western Pennsylvania woman has reiterated claims that she was injured during her postal rounds, when an unsecured multi-unit mailbox fell and struck her in the chest.
HomeGoods operating company removed from woman's desk chair injury lawsuit
PHILADELPHIA – A HomeGoods operating company has been dismissed from a lawsuit brought against a Marshalls HomeGoods store in Northeast Philadelphia, which alleged a local woman was injured more than two years ago, when a desk chair she was seated on unexpectedly moved and she fell.
Mom says Dover Area school staff affirmed her daughter’s gender without telling her
HARRISBURG – A Dover Area School District parent alleges that District personnel affirmed her 14-year-old daughter as a boy and referred to her by another name, without notifying the plaintiff.
City of Philadelphia wants to dismiss 'vague' civil rights lawsuit from transgender firefighter
PHILADELPHIA – The City of Philadelphia is looking to dismiss litigation from a transgender Philadelphia firefighter, who said she was blocked from gaining insurance benefits to pay for her gender-affirmation surgeries and subsequently became suicidal.
Class action complaint alleges GM, OnStar and LexisNexis sold driver data to third parties
SCRANTON – A Pennsylvania man alleges that collective conduct between General Motors, OnStar and LexisNexis resulted in driver behavior data being collected without drivers’ knowledge, consent or compensation – data which is then allegedly sold to automobile insurers, who in turn will set or increase drivers’ quotes or premiums based on the data.
Man who fell through Giant Eagle store floor wants Court to transfer his case to arbitration
PITTSBURGH – Counsel for a local man is seeking a state court to transfer to arbitration its case against a Giant Eagle supermarket in Export, where their client alleged he fell through an exposed section of the store flooring during a shopping trip.
Nursing care facility death case defendants called upon to participate in discovery
LANCASTER – After a woman who was a resident of the Hamilton Arms Center skilled nursing facility for two months died in June of last year, her daughter has argued the facility is directly responsible for the events in question and is now seeking to compel it to fully participate in case discovery.
Former Yeadon councilwoman files defamation lawsuit versus the borough, mayor and council members
MEDIA – A former Yeadon Borough councilwoman has sued the Borough’s current leadership, alleging that the defendants repeatedly defamed her in both public and private settings, causing harm to her reputation and standing in the community.
Physical therapist says Ohio health care company fired her for refusing COVID vax
PITTSBURGH – A physical therapist has sued an Ohio healthcare group, claiming that her employer discriminated against her Christian beliefs by refusing to extend her an exemption from receiving the COVID-19 vaccine, before firing her.
Cisgender male who said he was fired from adult establishment loses PHRA claim for now
PHILADELPHIA – A former cleaner and clerk at a Bucks County-based adult establishment who claimed that he was discriminated against and terminated from his employment, based upon his designation as a cisgender male, has retained his federal law claim and, for the moment, lost a claim brought under the Pennsylvania Human Relations Act.
Registered trademark litigation continues to have education law-based firms at odds
PHILADELPHIA – A local law firm continues to seek review of an order which struck down its attempt to cancel a Bucks County-based firm’s trademark surrounding the phrase “Education Lawyers," in reference to both of their areas of legal expertise.
Plaintiff in suit over fall at Pennsylvania Institute of Technology-affiliated house wants case consolidation
MEDIA – A woman seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology and who sued the institution for the injuries she received, is seeking to consolidate her original suit with more recent litigation brought over the same events.
Judge again rejects brief from LGBTQ group in suit over first-graders taught transgender issues
PITTSBURGH – A federal judge has denied a motion for reconsideration regarding the rejection of an amicus brief from an LGBTQ nonprofit group in a lawsuit from a group of parents who alleged their civil rights were violated when Mount Lebanon School District taught gender dysphoria and transgender transitioning to their first-grade children.
Families of Chester children killed by passing Amtrak train have case dismissed without prejudice
PHILADELPHIA – For the moment, a federal judge has dismissed litigation from the estates of two minor children from Chester, who were killed one year ago by a passing Amtrak train going from New York to Washington, D.C., through granting the transit company’s motion for judgment on the pleadings.
Fla. woman who claimed Upper Darby hookah lounge staff assaulted her settles case
MEDIA – A Florida woman who alleged that she was violently assaulted by staff members of an Upper Darby hookah lounge has settled her case.
Couple say husband's back injuries was the result of negligence at Texas Roadhouse restaurant
PHILADELPHIA – A Philadelphia couple allege that a Bensalem location of the Texas Roadhouse restaurant chain was negligent in the conduct of its employees, leading the husband-plaintiff to be struck with a serving tray, fall and suffer a severe back injury.
Plaintiff says institutional failures resulted in his assault by another Curran-Fromhold inmate
PHILADELPHIA – A Philadelphia man asserts that institutional failures on the part of the City of Philadelphia and Curran Fromhold Correctional Facility leadership resulted in him being the subject of a severe assault at the facility, at the hands of another inmate.