Nicholas Malfitano News
Transgender Phila. firefighter can sue insurer over affirmation surgery costs
PHILADELPHIA – A federal court has determined that while Independence Blue Cross did not violate Title VII of the Civil Rights Act of 1964 and the Philadelphia Fair Practices Ordinance, claims that it may have violated the Affordable Care Act when it blocked a transgender firefighter from receiving insurance cover to pay for gender-affirmation surgery, will remain in the case.
Human shield case: Judge dismisses most claims from bystander shot at Philly bar
PHILADELPHIA – A federal judge has dismissed the majority of claims brought by a man who was shot inside a sports bar when trained violence de-escalators used him as a human shield, when attempting to defuse an armed altercation with another patron.
Court vacates appointment of indefinite guardian ad litem to incapacitated woman
HARRISBURG – The Superior Court of Pennsylvania has vacated a ruling from the Delaware County Court of Common Pleas Orphans’ Court, and in so doing, also vacated the guardian ad litem (GAL) appointment for an incapacitated elderly woman subject to that “unauthorized” arrangement for more than three years.
Punjabi-speaking gamblers lose discrimination lawsuit against Mount Airy Casino
SCRANTON – A federal judge has granted summary judgment in dismissing a discrimination lawsuit against a Northeastern Pennsylvania casino that five New York plaintiffs of Indian ancestry brought forward after they said they received unfair treatment for using their native language of Punjabi while gambling.
Trial on horizon for Philly prosecutor who refused COVID vaccine on religious grounds
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated a religious discrimination lawsuit brought by a former prosecutor, concerning a COVID-19 vaccine mandate at the Philadelphia District Attorney’s Office.
Christian arrested protesting Reading's Pride March wins part of lawsuit
ALLENTOWN – A federal judge has partially granted summary judgment in a lawsuit filed by an evangelical Christian, who protested the City of Reading’s first-ever Pride March & Rally and was then arrested for disorderly conduct by members of the local police department.
Traumatic brain injury case headed to federal court
PITTSBURGH – A Swedish manufacturer of a wire drawing machine has filed to transfer litigation brought against it by a Western Pennsylvania man who claims he suffered a traumatic brain injury and multiple facial fractures when a component of the machine dislodged and struck him, to federal court.
Judge strikes several claims from lawsuit over alleged sexual assault during Lyft ride in 2021
PHILADELPHIA – A portion of claims has been dismissed from federal court litigation brought by a woman who said she was sexually assaulted by her Lyft driver in August 2021.
Federal claims dropped in lawsuit against Allegheny County, detective alleging botched sexual assault investigation
PITTSBURGH – A Pennsylvania federal court has both dismissed two civil rights claims from lawsuit brought by a woman against an Allegheny County police force and one of its detectives, which claimed they conducted an unprofessional investigation of her sexual assault – and remanded consideration of her remaining state law claims to the Allegheny County Court of Common Pleas.
Sierra Club, others allowed to intervene in greenhouse gas lawsuit
HARRISBURG – In reversing an earlier ruling from the Commonwealth Court, the Supreme Court of Pennsylvania is permitting environmental nonprofit groups to intervene in litigation over the state’s membership in the Regional Greenhouse Gas Initiative (RGGI), a program to reduce carbon emissions and one tenet of which would place a tax on coal and gas-fired power plants.
Haverford College fights lawsuit from Jews alleging anti-Semitism on campus
PHILADELPHIA – Haverford College seeks to dismiss litigation brought by five of its Jewish students who alleged they faced anti-Semitism on campus, for what it feels is the plaintiffs’ failure to state claims upon which relief could be granted.
Judge upholds $397K arbitration award, ending case over solar energy production technology
ALLENTOWN – A federal judge has affirmed a $397,000 arbitration award previously granted to a small Pennsylvania chemical company’s domestic and international competitors – a pair of companies that the plaintiff alleged had conspired to steal patented technology it created, whose primary use would be to generate solar energy.
Motion for fees granted in COVID-19 education suit versus Gannon University
ERIE – An undergraduate student who filed a class action lawsuit against Gannon University claiming that he and others were deprived of the on-campus education and experience they paid for when the COVID-19 pandemic occurred and learning shifted to remote status – and then settled the case for $1.1 million – has been granted his requested attorney’s fees and other costs, totaling more than $371,000.
Federal judge remands whistleblower suit against School District of Philadelphia to state court
PHILADELPHIA – A federal judge has remanded a case from a man who alleged that the School District of Philadelphia (SDP) failed to accommodate his autism spectrum disorder and learning disabilities and retaliated against him for investigating potential ethical violations, among other claims, to the Philadelphia County Court of Common Pleas.
Woman with M.S. who was sexually assaulted by in-home health aide motions for transfer of case
PITTSBURGH – After a woman afflicted with multiple sclerosis and confined to a wheelchair was sexually assaulted by her in-home medical aide, the plaintiff has motioned for her legal action against the assailant’s employer to be transferred to the Allegheny County Court of Common Pleas’ Commerce and Complex Litigation Center.
Judge preserves Florida plaintiffs' Dragonetti Act claims against Avco, Textron and Blank Rome
PHILADELPHIA – A federal judge has ruled that a Florida plaintiff couple – one of whom is an attorney who represented Avco Corporation in aircraft crash litigation and later alleged law firm Blank Rome pursued an injunction she said would have ruined her career – have pled proper claims under the Dragonetti Act.
Panera seeks dismissal of lawsuit over caffeine in lemonade; Case alleges cardiac arrest
PHILADELPHIA – Panera Bread Company is seeking to dismiss litigation brought by a Monroeville man, who claimed he went into cardiac arrest nearly died after drinking one of its now-discontinued “Charged Lemonade” beverages.
Class action lawsuit over interest rates tied to lending app Klover is settled
PITTSBURGH – An Illinois technology company has settled a class action lawsuit brought against it, one which alleged an app it created which provides its users with cash advances also levies illegally high interest rates for the convenience.
Third Circuit vacates summary judgment ruling in pregnancy discrimination suit versus Pa. Board of Probation and Parole
PHILADELPHIA – A federal appeals court has issued a partial ruling and remanded a case where a woman working for the Pennsylvania Board of Probation and Parole claimed she faced pregnancy discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.
Sexual assault suit against former gymnastics camp and instructor settled for $8M
WILLIAMSPORT – A federal lawsuit which alleged that a gymnastics camp counselor sexually abused the plaintiffs’ child and that the facility staff threatened the child and failed to report the abuse as required by law, has been settled for $8 million.