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PENNSYLVANIA RECORD

Tuesday, April 23, 2024

Nicholas Malfitano News


Philly judge sues Plymouth Township Police Department, says its officer stopped her illegally

By Nicholas Malfitano |
PHILADELPHIA – A sitting judge of the Philadelphia County Court of Common Pleas asserts she was subject to civil rights violations and unlawful arrest and detention, when a Plymouth Township police officer used her vehicle as a barricade to stop a suspect they were chasing and was allegedly not disciplined for doing so.

Shipping associate struck by forklift and injured says his employer didn't notify OSHA

By Nicholas Malfitano |
YORK – A shipping and receiving associate at an air conditioner manufacturing facility who was struck with a forklift while on the job, says the company was reckless in its protocols – which he adds allowed the accident to happen and did not report it to the Occupational Safety and Health Administration (OSHA).

Philadelphia argues lieutenant fired for sending bestiality videos did not support his discrimination claims

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia has motioned to dismiss a discrimination lawsuit brought by a Philadelphia police lieutenant who claimed he faced disparate treatment prior to dismissal for sexual harassment, arguing that he had not stated plausible claims and is thus not entitled to relief.

Flixbus removed from case where woman's son died aboard Greyhound bus bound for Philly

By Nicholas Malfitano |
PHILADELPHIA – Flixbus has been dismissed from a lawsuit brought by the mother of a 32-year-old man who died from cardiac arrest while aboard a Greyhound bus bound for Philadelphia over two years ago, litigation which argued the transportation companies were negligent, reckless and responsible for his death.

U.S. Steel says class action wage claims are time-barred

By Nicholas Malfitano |
PITTSBURGH – Citing what it believes are improperly pled and time-barred claims, U.S. Steel has motioned to dismiss class action litigation alleging it 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.

SCI-Benner Township officials immune after pepper spray causes inmate to have an asthma attack

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court has upheld a lower court’s decision to grant qualified immunity to corrections officials accused of deliberate indifference by an inmate at SCI-Benner Township, who suffered an asthma attack when those officials pepper sprayed another nearby inmate.

Santander Bank and Harrisburg entities battling over possession of impounded Dodge Ram vehicle

By Nicholas Malfitano |
HARRISBURG – Santander Bank argues it should not have to pay nearly $13,000 to repossess a 2019 Dodge Ram vehicle it financed the purchase of and was later impounded by the Harrisburg Parking Authority for racking up 94 parking tickets, while the company who towed it claims otherwise.

Former Child Custody Master alleges age and gender discrimination by Northampton County court personnel

By Nicholas Malfitano |
ALLENTOWN – A former Child Custody Master for the Northampton County Court of Common Pleas alleges that over a nine-year period, she was subjected to systemic age/gender discrimination and retaliation by other court personnel before being fired last October.

Suit over stabbing of school worker aboard bus loses vicarious liability claim

By Nicholas Malfitano |
PITTSBURGH – A judge has partially granted preliminary objections in a case brought by a school employee alleging she was stabbed in the back by a nurse/school bus aide during an altercation and that a medical staffing company should have known the nurse was mentally ill and prevented such an incident.

Suit alleging driver data was sold to third parties may be consolidated into MDL

By Nicholas Malfitano |
SCRANTON – A lawsuit from a Pennsylvania man who alleged that collective conduct between General Motors, OnStar and LexisNexis resulted in driver behavior data being collected without drivers’ consent has been stayed while a motion for transfer currently before the Judicial Panel on Multidistrict Litigation is resolved.

Settlement reached for cleaning technician who said he was target of anti-Islamic discrimination

By Nicholas Malfitano |
PHILADELPHIA – A cleaning technician at Drexel University who alleged he was discriminated against for his Islamic faith on multiple occasions and later fired from his role in violation of federal law, has settled his case.

Pa. man who said Las Vegas law firm violated TCPA settles his class action case

By Nicholas Malfitano |
WILLIAMSPORT – A Central Pennsylvania man who filed a class action lawsuit against the Accident Attorneys of America which alleged that the firm has violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients, has settled his case.

Suit surrounding teacher's molestation stayed, while settlement with Chambersburg Area School District is finalized

By Nicholas Malfitano |
HARRISBURG – Litigation from a Chambersburg woman who alleged she was sexually molested by her then-high school chemistry teacher over a six-month time period in 2021-2022 and that the school district lacked adequate policies and procedures for the protection of its students, has been stayed while settlement discussions with the district are ongoing.

Transgender rehabilitation facility aide alleges he was subject to discrimination and retaliatory firing

By Nicholas Malfitano |
SCRANTON – A transgender medical aide at a rehabilitation facility contends that in return for reporting harassment he had allegedly received from his co-workers, he was then fired in a retaliatory fashion based on his sex, gender identity and gender stereotyping.

Class action suit: Monroeville landfill's odors have created quality of life impairment for nearby residents

By Nicholas Malfitano |
PITTSBURGH – A class action lawsuit asserts that a Monroeville landfill is releasing “substantial and noxious” odors that have invaded the properties of the named plaintiffs and numerous other area homeowners.

Parents who alleged their home was stormed by Philly deputies lose case

By Nicholas Malfitano |
PHILADELPHIA – Parent plaintiffs who claimed multiple officers from the Philadelphia Sheriff’s Department violated their civil rights when they executed a search warrant at their home in an attempt to find the plaintiffs’ son – who had been murdered five months before the search took place – have seen their case dismissed by the City per the doctrine of res judicata.

Merchandise reseller wants to open default judgment, denies truck unloader's retaliation claims

By Nicholas Malfitano |
PITTSBURGH – A merchandise reseller business has requested to open a default judgment and concurrently denied claims from a truck unloader that he was disciplined in retaliation for his reporting several alleged safety violations he observed on the job to the Occupational Safety and Health Administration (OSHA), arguing that he in fact resigned and no such violations existed.

Former Interboro High School lacrosse player says poorly maintained field caused her knee injuries

By Nicholas Malfitano |
MEDIA – A former Interboro High School lacrosse player who fell on the school’s grass sports field two years ago and suffered a variety of severe knee injuries in the process, has launched legal action against the school and other sports entities.

Judge: Lien holder cannot intervene in injury suit alleging chocolate factory worker was trapped in tank

By Nicholas Malfitano |
ALLENTOWN – A federal judge has rejected a company’s attempt to intervene in a lawsuit filed by a man tasked with cleaning a chocolate batching tank at its facility and who claimed he became trapped in the machinery for more than six hours.

Man who wrecked car after day of golf, drinking sues establishments he says overserved him

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man severely injured in an automobile accident while driving under the influence, has sued the establishments who allegedly violated state law by over-serving him with alcoholic beverages.