Nicholas Malfitano News
Trial coming over fatal tractor-trailer crash. Can defendant question whether seatbelt was worn?
PHILADELPHIA – A case surrounding a fatal tractor-trailer crash in Bucks County is heading to trial in a Philadelphia federal court next week, and the crux of the case could come down to establishing whether or not the decedent was wearing a seatbelt at the time of the accident.
Court hearing officer who alleged her anxiety disorder wasn't accommodated loses case
PITTSBURGH – Allegheny County’s Family Law Division has won litigation brought by one of its courtroom hearing officers, which alleged that her anxiety disorder condition was not accommodated in violation of state law.
Cyclist who said inadequate lighting on Three Rivers Heritage Trail led him to crash settles case
PITTSBURGH – A local cyclist who contended that due to a lack of adequate lighting, he fell off his bicycle on the Three Rivers Heritage Trail in Pittsburgh and suffered a host of severe injuries, has settled his case.
Mattress company and its owner say former executive's breach of contract suit should be dismissed
SCRANTON – A New York-based mattress company and its owner are looking to dismiss litigation from the company’s former President and CEO, which alleged that he was unlawfully terminated from his role during an approved leave of absence for medical reasons.
Federal judge denies motion to dismiss of Wind Creek Bethlehem in assault case
ALLENTOWN – A federal judge has denied a dismissal motion from Wind Creek Bethlehem Hotel & Casino, in a lawsuit brought by the father of an intoxicated man trying to find their hotel room and who claimed Bethlehem Police Department officers assaulted him when they confronted the duo.
Health care company sued over sewage wins in arbitration
PITTSBURGH – Counsel for a local health care group who, through arbitration proceedings, won a lawsuit brought by a couple who claimed it was responsible for flooding their basement with raw sewage, is now seeking the Court to place a final judgment of the action on the record.
Settlement for plaintiff who claimed she suffered broken left arm in fall at Kohl's
PITTSBURGH – An Allegheny County couple who claimed that the wife-plaintiff fell inside a Kohl’s department store in Monroeville, allegedly due to the company’s negligence, have settled their suit.
Ligonier amusement park visitor injured on 'Serpentine Slide' settles her case
PITTSBURGH – A visitor to a Ligonier amusement park last year who claimed that she was severely injured when riding a waterslide amusement attraction known as the “Serpentine Slide” has settled her case.
Defendants charged with liability in forklift accident plead improper service and time-barred allegations
PITTSBURGH – Defendants accused of negligence in a lawsuit connected to an on-the-job forklift accident in 2021 have objected to the suit and say it was both not properly served and that its allegations are time-barred.
Woman who claimed Fayette County discriminated against her disability settles
PITTSBURGH – Fayette County has settled a lawsuit alleging that it discriminated against one of its employees, based on her disabilities and/or perceived disabilities, in the form of attention-deficit hyperactivity disorder, anxiety and post-traumatic stress disorder.
Magistrate judge recommends case over access to courts continues
PITTSBURGH – A magistrate judge has recommended that a presiding federal court throw out a motion to dismiss from the Clerk of the Allegheny County Court of Common Pleas, in a legal dispute centered on transparency and access to case filings in that very same state court.
Philadelphia officers seek dismissal from case over man's overdose in custody
PHILADELPHIA – Two Philadelphia Police Department officers have motioned to be dismissed from litigation brought by the widow of a 44-year-old man who died of a drug overdose while in custody.
Mercer County wants dismissal from former deputy sheriff's retaliation lawsuit
PITTSBURGH – Mercer County is seeking to be dismissed from litigation from a former deputy sheriff, who claimed that after he made two unsuccessful bids for election to the position of sheriff, his political opponents retaliated against him at work.
Judge defers decision on transfer of mountain resort injury suit, until other defendants respond
PITTSBURGH – A state court judge has deferred a ruling on preliminary objections, in a case from the parents of a young man injured at a mountain resort, when he dropped to the ground to escape a non-functioning chairlift, until other defendants respond to the suit.
Altoona couple who said UPMC missed adenopathy diagnosis OK substitution of defendants
PITTSBURGH – An Altoona couple have voluntary removed two University of Pittsburgh Medical Center entities and replaced them with another, in litigation claiming the defendants failed to follow up on the wife-plaintiff’s initial diagnosis of adenopathy, which she said led her to develop late-stage thyroid cancer.
Philadelphia wins temporary dismissal of transgender firefighter's discrimination case, new complaint filed
PHILADELPHIA – After the City of Philadelphia was granted a temporary dismissal of 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, the plaintiff filed an amended complaint.
Bucks County Technical High School wins dismissal of suit surrounding EMS student's injuries
PHILADELPHIA – Bucks County Technical High School has won dismissal without prejudice of claims from a former EMS student, who alleged she suffered a broken left pinky finger, after being compelled to participate in a mandatory impact weapons drill featuring batons and punch paddles.
City of Philadelphia disclaims liability for man's malicious prosecution allegations on drug charges
PHILADELPHIA – The City of Philadelphia has denied maliciously prosecuting a local man on drug possession charges despite police officers knowing he was innocent, leading those charges to later be dismissed by the District Attorney’s Office.
Erie charter school denies retaliation and hostile work environment claims from Black security guard
ERIE – An Erie charter school has denied all liability alleged by a Black security guard, who claimed she was faced retaliation after reporting unwelcome advances from the school principal.
Plaintiffs struck by wooden beam in Lancaster hotel restaurant want to formally identify Doe defendants
LANCASTER – Counsel for 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 request the Court’s permission to assign identities to five of their named Doe defendants.