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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Nicholas Malfitano News


Judge suggests dismissal for N.J. man who alleged Pa. authorities sabotaged his pro boxing event

By Nicholas Malfitano |
HARRISBURG – A New Jersey man who launched legal action against the Pennsylvania State Athletic Commission and its personnel – alleging they conspired against him to prevent him from holding a professional boxing card in Harrisburg – may have his case dismissed, according to a federal magistrate judge’s recommendation.

Plaintiffs in class action wage dispute case against U.S. Steel seek remand to state court

By Nicholas Malfitano |
PITTSBURGH – Counsel behind a class action complaint which alleged U.S. Steel violated the Pennsylvania Minimum Wage Act (PMWA) by not paying employees for the time they spent showering and walking to their worksites, among other pre- and post-work activities, is opposing the suit’s removal to federal court and seeking it to be remanded to the Allegheny County Court of Common Pleas.

Judge who declared Educator Discipline Act unconstitutional awards plaintiff $36K in legal fees

By Nicholas Malfitano |
PHILADELPHIA – A federal judge who ruled that a Bucks County man would be granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – also awarded more than $36,000 in legal fees from the Bucks County District Attorney to the plaintiff.

Colwyn Borough set to defend itself from malicious prosecution suit, after default was set aside

By Nicholas Malfitano |
PHILADELPHIA – The Borough of Colwyn is ready to defend itself from litigation brought by a Delaware County man, who alleged that a member of the Colwyn Police Department – after unsuccessfully attempting to sanction him with a trio of motor vehicle tickets – later arrested him on fabricated charges of marijuana possession and disorderly conduct.

Bucks County files major lawsuit versus Big Oil, charges companies misled public about climate change impacts

By Nicholas Malfitano |
DOYLESTOWN – Bucks County has launched litigation against several oil companies and the American Petroleum Institute, charging that the defendants collectively misled the public about the burning of fossil fuels and its catastrophic effect on climate change, the effects of which have damaged County residents.

Delco homeowner and insurer who claimed Amazon sold pest repellent that caused fire end case

By Nicholas Malfitano |
PHILADELPHIA – A Delaware County homeowner and his insurance company who alleged that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com, have ended their case.

Eddystone and police officer look to dismiss excessive force suit from brother of YouTube vlogger

By Nicholas Malfitano |
PHILADELPHIA – The Borough of Eddystone and a police officer are seeking to dismiss excessive force litigation from the brother of a YouTube video blogger, who had alleged the defendants approached his vehicle with guns drawn, initiated a high-speed chase, and collided with his vehicle resulting in an accident and injury.

Couple who alleged defective hunting boots injured husband settle case

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania couple who alleged that a pair of hunting boots the husband-plaintiff purchased were designed defectively, causing the soles of the boot to unexpectedly separate and him to suffer an injurious fall, have settled their claims.

Drowning during UTV crash leads to lawsuit in Lackawanna County

By Nicholas Malfitano |
SCRANTON – A Lackawanna County man alleges that collective product liability on the part of manufacturers of an off-road utility vehicle and negligence on the part of the commercial operators of land where the vehicle overturned, resulted in the plaintiff’s wife dying by drowning in a UTV accident.

Judge will not reconsider dismissing defamation count against Gov. Shapiro, in man's malicious prosecution suit

By Nicholas Malfitano |
SCRANTON – A federal judge has denied a motion for reconsideration regarding the dismissal of a defamation count, in litigation from a man who alleged former Attorney General (and now, Governor) Josh Shapiro breached an agreement of non-prosecution with him.

Law firm denies improper representation in transaction surrounding liquor license transfer

By Nicholas Malfitano |
PITTSBURGH – A Pittsburgh law firm has denied allegedly engaging in dual-representation of a pair of Latrobe plaintiffs and an opposing party, and positioning themselves to receive legal fees and proceeds from the sale transfer of the plaintiffs’ liquor license.

Man who fell through Giant Eagle store floor wants video footage

By Nicholas Malfitano |
PITTSBURGH – Counsel for a local man is seeking a state court to reconsider its decision to deny him from obtaining in-store video footage from a Giant Eagle supermarket in Export, where their client alleged he fell through an exposed section of the store flooring during a shopping trip.

Judge orders defendants removed from wrongful death suit, against Shohola nursing home

By Nicholas Malfitano |
SCRANTON – In accordance with the prior recommendation of a federal magistrate judge, a group of defendants have been dismissed from a wrongful death lawsuit brought against a Shohola nursing home – which alleged that negligent care on its part and that of others led to the death of the plaintiff’s husband.

Corporate defendants disclaim liability for causing propane explosion that injured plaintiffs

By Nicholas Malfitano |
PITTSBURGH – Two defendants named in a product liability action by a group of plaintiffs severely burned in a propane tank explosion and two of their spouses, have hit back at claims they were contributorily liable for the explosion through their manufacture of the products involved in the incident.

Man walking with cane and injured at Bridesburg Train Station settles with SEPTA and Amtrak

By Nicholas Malfitano |
PHILADELPHIA – A local man who claimed he suffered a litany of severe injuries, when his cane became stuck in a hole at a Philadelphia train station platform, has settled his case with the Southeastern Pennsylvania Transportation Authority (SEPTA) and Amtrak.

Jackhammer operator who alleged Norfolk Southern's negligence caused his injuries ends case

By Nicholas Malfitano |
ALLENTOWN – Litigation from a jackhammer operator and his spouse against the Norfolk Southern railroad company, which claimed company negligence forced the operator to jump approximately 30 feet from a manlift in order to save his own life from an approaching train, has been closed.

Third Circuit dismisses Meadville police officer's appeal within man's wrongful arrest lawsuit

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court has dismissed an interlocutory appeal from a Meadville police officer filed within an underlying suit brought by a former Allegheny College student, who had been wrongfully accused of a barroom assault by Meadville law enforcement.

Judge throws out psych services provider's retaliation suit versus Derry Township School District

By Nicholas Malfitano |
HARRISBURG – Litigation brought by a Hershey woman alleging that her comments to the Derry Township School Board on the relative dearth of mental health services provided to students there led to the District retaliating against her, has been dismissed by a federal judge.

Man reiterates that not being transgender cost him his employment at Bucks County adult store

By Nicholas Malfitano |
PHILADELPHIA – A former cleaner and clerk at a Bucks County-based adult establishment stands by his claims that he was discriminated against and terminated from his employment, based upon his designation as a cisgender male.

Northeast Philly-based Marshalls HomeGoods store denies liability for woman's injuries

By Nicholas Malfitano |
PHILADELPHIA – A Marshalls HomeGoods store in Northeast Philadelphia has denied liability for injuries a local woman says she suffered more than two years ago, when a desk chair she was seated on unexpectedly moved and she fell.