Nicholas Malfitano News
Monroe County says it can't be blamed for horrific treatment, death of 12-year-old girl
PHILADELPHIA – Citing immunity contained in the Pennsylvania Political Subdivision Tort Claims Act, Monroe County and its Office of Children and Youth have motioned to be dismissed from litigation brought by the older sisters of a 12-year-old girl who was allegedly tortured, abused and, ultimately, murdered by her father and stepmother.
Slip-and-fall: U.S. to pay $250K to woman injured at Philadelphia International Airport
PHILADELPHIA – A federal judge has that a Delaware woman is entitled to $250,000 in damages from the United States government – but not from the City of Philadelphia – in a negligence lawsuit contending she was injured when going through a Transportation Security Administration checkpoint at Philadelphia International Airport well over three years ago.
Pittsburgh judge retains one claim in postal worker’s chemical burns lawsuit
PITTSBURGH – A plaintiff working as a United States Postal Service mail handler who suffered third-degree chemical burns when a drain cleaner product being sent through the mail leaked through its packaging and made contact with her body is able to proceed with her claims of negligence only.
TikTok to face suit after 10-year-old dies doing 'Blackout Challenge'
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated a Chester woman’s wrongful death lawsuit against social media app TikTok, filed after her 10-year-old daughter died in December 2021 due to attempting a “Blackout Challenge” and which had been previously dismissed by a lower court federal judge.
'Sham affidavit' costs plaintiff in religious discrimination case against Philadelphia
PHILADELPHIA – A federal judge has thrown out a foreman’s age, religious discrimination and retaliation lawsuit against the City of Philadelphia and two of its employees, after the defendants protested that a 10-page affidavit submitted by the plaintiff was “a sham” and contradicted his previous deposition testimony.
Judge throws out lawsuit over decertification of Fulton County voting systems
HARRISBURG – A federal judge has dismissed breach of contract litigation from Fulton County, its Board of Elections and two of its Commissioners against Dominion Voting Systems, over the decertification of the County’s voting systems by the Pennsylvania Department of State in July 2021.
Philadelphia Inquirer settles data breach class action for $525K
PHILADELPHIA – Counsel for three class action plaintiffs who accused The Philadelphia Inquirer of not doing enough to prevent and protect against a data breach have motioned for approval of a preliminary settlement in the case for $525,000.
Judge says plaintiff's lawyer in developer's discrimination case didn't violate ethical rules
ALLENTOWN – A federal judge has thrown out an affidavit containing a Palmer Township official’s remark describing a developer of Syrian origin as a “terrorist” in civil rights litigation brought by the developer that contended the Township denied him the opportunity to build properties due to his national origin.
Jewish family in fight with Abington neighbors can post anti-hate signs
HARRISBURG – The Supreme Court of Pennsylvania has reversed a trial court injunction which initially prevented a Jewish family from erecting lawn signs in their backyard, signs which protested hostile and anti-Semitic behavior they experienced from their neighbors.
Longstanding litigation between climate change activists and City of Harrisburg will proceed
HARRISBURG – Litigation between a coalition group of climate change activists wanting to participate in a rally and the City of Harrisburg over alleged constitutional rights violations connected to its event permit process, which had been stayed for nearly two years and was the subject of a defense dismissal motion, will proceed.
Pa. Superior Court says Dragonetti Act dispute between gaming entities was rightly dismissed
HARRISBURG – A state appellate court has concurred with a Dauphin County judge’s ruling that preliminary objections brought by two gaming organizations against a group of consultants for that industry were not in error, and the consultants’ action to bring charges under the Dragonetti Act was rightly dismissed.
Third Circuit finds Dickinson College properly investigated student’s sexual assault, dismisses Title IX suit
PHILADELPHIA – A federal appellate court has upheld a lower court’s decision to grant summary judgment to Dickinson College, finding that the school did not violate Title IX in its investigation of a student’s sexual assault complaint.
Circuit split: Third says Roundup weedkiller doesn't need Pa. cancer warning
PHILADELPHIA – A federal appellate court’s concurrence with the makers of weedkiller Roundup, in opining that federal law preempts Pennsylvania law requiring Monsanto include a cancer warning on its label, sets up a possible review by the Supreme Court to resolve a circuit split.
Lawsuit between rival firms over 'Education Lawyers' trademark will proceed
PHILADELPHIA – Litigation brought by a Philadelphia law firm which seeks 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, will proceed after a federal judge denied the defense’s motion to dismiss the case.
Due process claim survives in murder suspect's wrongful conviction case in Philadelphia
PHILADELPHIA – A federal judge has partially granted a dismissal motion from the City of Philadelphia and retained claims of due process violations, conspiracy and Monell violations, in a civil rights suit brought by a man once convicted of murder, but whose conviction was overturned three years ago.
Investors in long-standing Mariner East pipeline class action receive split ruling
PHILADELPHIA – A Pennsylvania federal judge has issued a split summary judgment ruling in a long-standing class action securities fraud lawsuit, pitting a group of investors versus the company behind the Mariner East pipelines and several of its executives.
Court rules against hospital patient who fell off toilet; Defendants said injuries were pre-existing
HARRISBURG – The Superior Court of Pennsylvania has upheld a Bradford County court’s ruling to grant summary judgment dismissal to a hospital faced with litigation after a patient fell from a bedside toilet and allegedly suffered serious injuries.
Wife protected from testifying as to alleged sexual abuse of minor by late husband
HARRISBURG – A majority complement of the Superior Court of Pennsylvania has reversed a Montgomery County court’s decision to compel a wife’s deposition testimony regarding conversations with her now-deceased husband, rejecting her assertion of the spousal confidential communications privilege.
Retaliation claims dismissed from former Allegheny County Jail officer who refused COVID vax
PITTSBURGH – A federal court in Pittsburgh has dismissed retaliation claims under Title VII of the Civil Rights Act of 1964 but preserved a discrimination claim lodged under the Pennsylvania Human Relations Act, in litigation brought by a former Allegheny County Jail corrections officer who lost her job for refusing the COVID-19 vaccine.
Death of neglected, abused 12-year-old boy isn't Lebanon County's fault
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed dismissal of a wrongful death lawsuit brought against Lebanon County, the murderers of a 12-year-old boy and other entities the plaintiff believed did not do enough to prevent the death of her son.