Nicholas Malfitano News

South Philly woman's real estate suit over alleged faulty sewer system is settled

By Nicholas Malfitano | Apr 5, 2019

PHILADELPHIA – The case of a South Philadelphia woman who claimed her residence’s former owner failed to disclose problems with the sewage system before selling it to her has been settled.

In Lyme disease case, SEPTA will hand over records on workers bitten by ticks

By Nicholas Malfitano | Apr 5, 2019

PHILADELPHIA – Per judicial order, the Southeastern Pennsylvania Transportation Authority (SEPTA) is required to produce any reports concerning exposure to Lyme Disease and Bell’s Palsy on the job, in connection with a flagman’s lawsuit who alleges he contracted both diseases in the course of his work.

Finance firm hit with $4K fine for TCPA violations against Huntingdon Valley company

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – A federal judge levied a $4,000 fine on a finance corporation that sent eight unsolicited faxes to a Huntingdon Valley-based aircraft engine manufacturer and real estate corporation, stating it violated the Telephone Consumer Protection Act (TCPA).

Family Dollar says it's not responsible for woman's slip-and-fall incident

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – A Philadelphia woman has launched litigation against Family Dollar, charging the discount chain with negligence after a liquid present on its store’s floor caused her to fall and become injured – though the store admits no such liability.

Another state rejects ALI's controversial insurance Restatement; North Dakota joins Ohio as other states mull similar moves

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – State opposition to the American Law Institute’s Restatement of the Law of Liability Insurance continues to accumulate, as North Dakota recently passed a law striking down the document and Arkansas introduced similar legislation in its state senate.

SEPTA argues it's immune from lawsuit filed by fallen and injured track flagman

By Nicholas Malfitano | Apr 3, 2019

PHILADELPHIA – A Southeastern Pennsylvania Transportation Authority (SEPTA) flagman alleges his employer violated the Federal Employers Liability Act through its conduct in allowing a fallen stop sign to cause him to suffer severe leg injuries, while the agency argues that it is immune from the litigation.

Truck driver alleges maimed leg was landfill's fault; Defendant says case belongs in Lackawanna County

By Nicholas Malfitano | Apr 3, 2019

PHILADELPHIA – A Lackawanna County man says his left leg was sliced and became infected after he was tipped from the truck he was driving and it came into contact with spilled debris from the truck, while the landfill says the resulting lawsuit does not belong in a Philadelphia court.

Lawsuit claims Aramark's polyester uniform caused Wisconsin man to burn to death in mill fire

By Nicholas Malfitano | Apr 3, 2019

PHILADELPHIA – Aramark is facing a wrongful death lawsuit brought on behalf of the estate of a man who allegedly suffered fatal burns when wearing one of the defendants’ polyester uniforms during a Wisconsin mill fire in 2017, though the company claims the decedent’s own negligence caused his death.

Family ejected from Kutztown trailer property has motion to reconsider eviction order denied

By Nicholas Malfitano | Apr 2, 2019

PHILADELPHIA – A federal judge has denied a family allegedly and wrongfully ejected from a Kutztown property a motion to reconsider the order which allowed for that same ejection to take place.

Essure plaintiffs barred from suing Bayer because they missed their timeframe

By Nicholas Malfitano | Apr 2, 2019

PHILADELPHIA – According to a federal court in Philadelphia, many of the plaintiffs who initiated breach of warranty and other claims against Bayer for alleged defects with its Essure contraceptive device did not do so within the two-year statute of limitations.

Alleged Lebanon assault victim's case that detailed document conflicts between plaintiff, law enforcement is closed

By Nicholas Malfitano | Mar 29, 2019

PHILADELPHIA – The case of an assault victim who battled Lebanon City law enforcement officials and was later granted the opportunity to receive all records pertinent to her litigation from those entities has been closed.

Shipping firm that said orange juice company owed it more than $11K settles case

By Nicholas Malfitano | Mar 29, 2019

PHILADELPHIA – A case pitting a Georgia shipping company against a local organic juice company that was alleged to be in debt to it for outstanding shipping costs in excess of $11,000 was recently ended.

Federal judge OKs more than $5 million in attorneys fees and costs in drywall antitrust litigation

By Nicholas Malfitano | Mar 28, 2019

PHILADELPHIA – A judge has approved an award of more than $5 million for fees and costs to lawyers in an antitrust litigation regarding domestic drywall in a Philadelphia federal court.

Xarelto litigation resolved with $775M global settlement; Louisiana federal court, Philadelphia's CLC handled most cases

By Nicholas Malfitano | Mar 26, 2019

PHILADELPHIA – Though juries had sided with defendants in early trials, more than 27,000 federal and state court lawsuits nationwide surrounding blood-thinner Xarelto have culminated in a global settlement of $775 million with its makers admitting no liability.

Pa. courts won't turn over letter that sparked medical malpractice reform debate

By Nicholas Malfitano | Mar 26, 2019

HARRISBURG – Where it had first been seen as a surprise that the Supreme Court of Pennsylvania was considering reversing course on where medical malpractice lawsuits can be filed, it was recently revealed just where the inspiration to reconsider the policy came from.

Lawsuit: Philadelphia children suffered permanent injuries from inhaling lead-based paint

By Nicholas Malfitano | Mar 22, 2019

PHILADELPHIA – A mother of two Philadelphia children is suing her property’s managers, claiming their collective negligence in adhering to laws regarding disclosure of lead-based paint on the premises led to her daughters suffering permanent injuries.

SEPTA blames City of Philadelphia for hole in sidewalk that led to lawsuit

By Nicholas Malfitano | Mar 22, 2019

PHILADELPHIA – A pair of plaintiffs injured by a fall caused by a hole in the concrete curb on a Philadelphia sidewalk, have levied a lawsuit for damages against both the City of Philadelphia and the Southeastern Pennsylvania Transportation Authority (SEPTA) – though SEPTA claims the lone fault for the incident rests with the City alone.

Shelving installer sues IKEA, says its negligence led to his spinal injuries and concussion

By Nicholas Malfitano | Mar 22, 2019

PHILADELPHIA – A shelving contractor performing work at an area IKEA store says the furniture retailer’s negligence led to him suffering spinal damage and post-concussion syndrome when a metal bracket/shelf fell and landed on his head.

Archdiocese of Philadelphia says it's not responsible for woman's fall at St. Hubert's High School

By Nicholas Malfitano | Mar 21, 2019

PHILADELPHIA – The Archdiocese of Philadelphia has presented a number of affirmative defenses and denied liability in opposing the litigation brought by a woman who allegedly suffered a broken arm and shoulder at a high school in Northeast Philadelphia after attending a function for her daughter, a student there.

Case of Mich. man who says he was engulfed by flames under a fireproof jacket continues in Philadelphia

By Nicholas Malfitano | Mar 21, 2019

PHILADELPHIA – A lawsuit from a Michigan man who claims he was left unprotected by a fire-protection jacket when removing steel and severely burned by an oxygen leak caused by the manufacturer’s alleged negligence, has been slated for a settlement conference next year prior to trial.

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