Nicholas Malfitano News
Class action over collection of driver data transferred to Georgia federal court
SCRANTON – A lawsuit from a Pennsylvania man which alleged that collective conduct between General Motors, OnStar and LexisNexis resulted in driver behavior data being collected without drivers’ consent, has been transferred to a Georgia federal court.
The Cheesecake Factory wants discovery answers from plaintiff who allegedly bit into appetizer with glass
PITTSBURGH – The Cheesecake Factory is seeking to compel discovery responses from a Pittsburgh woman who alleged she bit into a glass-filled appetizer at a local branch location of the restaurant two years ago.
Rehabilitation facility denies it retaliated against transgender medical aide by firing him
SCRANTON – A rehabilitation facility has denied allegations that it fired a transgender medical aide as retaliation for his reporting of harassment he says that he received from his co-workers.
U.S. Steel laborer who claimed company committed disability discrimination against him drops his case
PITTSBURGH – A laborer for U.S. Steel who claimed that the company discriminated against him on the basis of his disability, falsely charged him with fraudulent receipt of disability benefits and then fired him, has voluntarily dismissed his own case.
Pa. State Trooper must answer lawsuit over death of Philly man near street race in 2023
PHILADELPHIA – A Pennsylvania State Trooper who shot and killed an 18-year-old man near a street race on Interstate 95 in Philadelphia last year and who sought a stay of a wrongful death lawsuit has lost that opportunity and must answer the suit.
Plaintiff maintains bike company's negligence caused his fall and subsequent injuries
PITTSBURGH – A local man maintains that he sustained a litany of bodily injuries due to the negligence of a bicycle company, which he says caused him to fall off the defectively-manufactured bike he was riding on two separate occasions in 2022.
CVS worker named in personal injury lawsuit wasn't there
PHILADELPHIA – CVS Pharmacy has filed to dismiss litigation from a customer in its Ridley Park store, who alleged that negligence on the part of the store and its personnel caused her to fall and become severely injured nearly two years ago.
Lycoming County and corrections officials deny responsibility for diabetic inmate's death in custody
WILLIAMSPORT – Lycoming County, its prison and its corrections officials have denied liability for claims alleging they allowed an incarcerated man’s diabetic condition to worsen until he died in custody.
Roundup manufacturers get plaintiff's record-setting $2.25B jury verdict award cut down to $404M
PHILADELPHIA – After the manufacturers of weed killer Roundup were hit with its largest-ever verdict at a whopping cost of $2.25 billion in Philadelphia last January, the company has won an 80% reduction of the verdict award down to $404 million through the granting of a post-trial motion.
Fatal tractor-trailer crash lawsuit settles just before trial and decision on seatbelt evidence admissibility
PHILADELPHIA – A case surrounding a fatal tractor-trailer crash in Bucks County which had been headed to trial in a Philadelphia federal court this week, was instead settled before a ruling governing the admission of key seatbelt evidence at trial could be made.
Pa. state trooper denies allegations that his pursuit caused a man's wrongful death
JOHNSTOWN – A member of the Pennsylvania State Police has denied a Clearfield County woman’s allegations that he used excessive force to end a police chase pursuit, which resulted in a car accident and subsequently, the man’s death.
Pittsburgh school officials object to lawsuit alleging liability for bus injuries suffered by autistic student
PITTSBURGH – Pittsburgh school officials have brought preliminary objections in a suit filed by a parent, who alleged that her non-verbal and autistic daughter sustained a concussion and other injuries when she fell from her seat, and argues that the school district and a bus company were responsible for the incident.
Monroeville landfill removes class action nuisance lawsuit to federal court
PITTSBURGH – A Monroeville landfill has removed to federal court a class action lawsuit which asserted that it is releasing “substantial and noxious” odors that have invaded the properties of the named plaintiffs and numerous other area homeowners.
Beaver Area School District looking to dismiss former student's lawsuit claiming he faced bullying
PITTSBURGH – Beaver Area School District and its middle school principal-football coach seek to dismiss litigation from a former student who alleged that he was the ongoing subject of severe hazing, bullying and harassment during his eighth grade year by his football teammates – and that despite his parents notifying the school’s principal-coach on multiple occasions, nothing was done to stop the abuse he sustained.
Pa. Supreme Court protects malpractice claims against guardians ad litem
HARRISBURG – According to a unanimous ruling from the Supreme Court of Pennsylvania, guardians ad litem (GALs) will not be extended judicial immunity in juvenile dependency cases and may be subject to malpractice liability.
Air conditioner manufacturer objects to shipping associate's lawsuit over forklift accident
YORK – An air conditioner manufacturing facility has objected to litigation brought by a shipping and receiving associate, who alleged their being struck by a forklift on the job was a result of the company’s negligence and further, that the company allowed the accident to happen and did not report it to the Occupational Safety and Health Administration (OSHA).
Settlement may be coming in class action case over Klover app's alleged illegal interest rates
PITTSBURGH – An Illinois technology company may have taken a step towards settling a class action lawsuit brought against it – alleging an app it created which provides its users with cash advances, also levies illegally high interest rates for the convenience.
Superior Court affirms order to green-light new trial for man injured by electric pallet jack
HARRISBURG – The Superior Court of Pennsylvania has affirmed a trial court order granting the plaintiff injured by an electric pallet jack in a product liability action, a new trial.
Woman pursuing claims against Wilkes-Barre and cops over her pedestrian accident passes away
SCRANTON – A plaintiff who alleged liability against the City of Wilkes-Barre, two of its police officers and other defendants for injuries that she allegedly suffered – when, as a pedestrian crossing the street in that city, she was struck by a car driven by a suspect who was fleeing arrest from officers of the Wilkes-Barre Police Department – has passed away.
SEPTA manager fired over not taking drug test may be reinstated
PHILADELPHIA – A local man who sued the Southeastern Pennsylvania Transportation Authority (SEPTA) and claimed that the transport agency violated the Americans with Disabilities Act of 1990 and the Pennsylvania Human Relations Act, when a medical condition he says prevented him from participating in drug screen testing, resulted in his termination, may soon settle his case with reinstatement.