Nicholas Malfitano News

Serial ADA plaintiff settles with local Sky Zone trampoline facility over parking access dispute

By Nicholas Malfitano | Jun 3, 2019

PHILADELPHIA – A wheelchair-bound woman who charged a Sky Zone trampoline park facility with violating the Americans with Disabilities Act by not providing adequate parking facilities has settled with the park.

California plaintiff settles litigation over 'unlawful' exhumation with Darby cemetery

By Nicholas Malfitano | May 30, 2019

PHILADELPHIA – A California plaintiff has settled litigation against a local burial company, its general manager and board president for what he had alleged was their unlawful exhumation of the body of his mother.

Woman who sued frat over scalding marshmallow at UPenn Halloween party drops lawsuit

By Nicholas Malfitano | May 30, 2019

PHILADELPHIA – A guest at a University of Pennsylvania fraternity’s Halloween party in 2017, who sued after a lit marshmallow allegedly burned her on the back, withdrew her complaint shortly after filing it.

Christianity club settles suit with Mechanicsburg School District over distribution of Bibles on school grounds

By Nicholas Malfitano | May 30, 2019

HARRISBURG – A Christianity-focused student organization in Mechanicsburg has settled claims with the school district, superintendent and high school principal it sued, initially claiming its free speech was violated when it was denied the opportunity to distribute literature and Bibles in a school building.

Liability among defendants being debated in suit surrounding boy's alleged fall on Lititz playground

By Nicholas Malfitano | May 29, 2019

PHILADELPHIA – The parents of a seven-year-old child allegedly injured on a playground ladder in Lititz are litigating against the park in federal court, just as the park believes that its designers and the manufacturers of the ladder are liable for the events in question instead.

State GOP Caucus says Muslim photographer who claimed discrimination didn't exhaust administrative remedies first

By Nicholas Malfitano | May 29, 2019

HARRISBURG – A former employee of the State House of Representatives’ Republican Caucus who alleged he received prejudicial treatment for his practice of the Islamic faith did not exhaust his administrative remedies before filing suit, the Caucus claims.

Former Marine reaches preliminary settlement with landlords he claimed evicted him over his service dog

By Nicholas Malfitano | May 29, 2019

PITTSBURGH – A former United States Marine who alleged his landlords violated the Fair Housing Act by evicting him for keeping a service dog in his apartment, has reached a preliminary settlement with the landlords in question.

Johnson & Johnson exec engaged in settlement talks over fateful April 2018 Southwest Airlines flight

By Nicholas Malfitano | May 24, 2019

PHILADELPHIA – Settlement proceedings are ongoing in an action filed by a man on board the infamous Southwest Airlines flight from April 2018 on which one passenger was partially sucked out of the plane and later died.

Pilot's injury lawsuit against OneJet airlines stayed due to pending bankruptcy proceeding

By Nicholas Malfitano | May 23, 2019

PITTSBURGH – A pending bankruptcy proceeding has put the wheels down on a lawsuit between a pilot and the California airline he worked for, one he alleges subjected him to negligent, prolonged carbon monoxide exposure in the planes he was flying.

Lawsuits grouped over kayaker's death on the Monongahela

By Nicholas Malfitano | May 23, 2019

PITTSBURGH – A consolidation of multiple actions has been approved in a case where a Gulf Materials vessel has been accused of causing the death of a kayaker on the Monongahela River in 2015.

Pa. Supreme Court urged to require trial judges to question witnesses' credentials

By Nicholas Malfitano | May 23, 2019

PHILADELPHIA – A prominent science law attorney has authored an amicus brief on behalf of 11 organizations interjecting themselves in a fight before the Supreme Court of Pennsylvania, connected to determining quality of expert witnesses by the Frye standard in trial courts.

Property owners battling over sidewalks, scaffolds reach settlement

By Nicholas Malfitano | May 22, 2019

PHILADELPHIA – A settlement has been reached between adjacent property owners in Philadelphia who were in legal conflict over the existence and placement of scaffolding and sidewalk shelters, with each side opposed as to the structures’ legality or lack thereof.

Case centered on sexual harassment at Olympia Sports set for arbitration hearing

By Nicholas Malfitano | May 22, 2019

PHILADELPHIA – A sexual harassment lawsuit brought by a former sales associate for Olympia Sports based on allegedly threatening physical and verbal behavior she faced from her supervisor is heading to arbitration in June.

Damages assessment hearing coming in July for man's legal negligence action

By Nicholas Malfitano | May 22, 2019

PHILADELPHIA – A damages assessment hearing has been scheduled in the case of a plaintiff accused of physically abusing his mother and facing disciplinary action from the Department of Education, then allegedly not receiving proper legal representation.

Wind and water damage insurance action from North Wales plaintiff goes to arbitration

By Nicholas Malfitano | May 21, 2019

PHILADELPHIA – After a continuance, arbitration proceedings have been rescheduled for a matter involving a North Wales plaintiff who claimed Farmers Insurance failed to insure her for losses due to wind and water damage at her property.

Philly man who sued landlords after apartment wall falls on him wins $25K arbitration award

By Nicholas Malfitano | May 21, 2019

PHILADELPHIA – A Philadelphia apartment tenant who sued a quartet of real estate defendants for damages in claiming that a deteriorated wall in his residence collapsed on and injured him won his case in arbitration, to the tune of $25,000.

Philadelphia jury smacks Johnson & Johnson, Ethicon with $80M pelvic mesh verdict

By Nicholas Malfitano | May 21, 2019

PHILADELPHIA – Just weeks after a Philadelphia jury reached a $120 million verdict against Johnson & Johnson and its subsidiary, Ethicon, Inc. and in favor of a plaintiff who claimed she suffered at the hands of a defectively-designed pelvic mesh device, another jury in a similar action has handed down a verdict of $80 million.

Latest project from American Law Institute 'an abandonment of important principles,' 23 state AGs feel

By Nicholas Malfitano | May 20, 2019

WASHINGTON – The attorneys general of 23 states, led by the State of New York, have sent a letter to the American Law Institute (ALI) opposing a proposed Restatement of Consumer Contract Law, set to be voted on at the ALI’s annual meeting this week.

TCPA lawsuit leads to $33K verdict for serial plaintiff in Philadelphia

By Nicholas Malfitano | May 16, 2019

PHILADELPHIA – A King of Prussia man has just collected a $33,000 payday in a Philadelphia federal court - the latest triumph in his history of litigation brought under the Telephone Consumer Protection Act (TCPA).

Former mental health facility manager's wrongful termination suit transferred to arbitration

By Nicholas Malfitano | May 16, 2019

PHILADELPHIA – A wrongful termination complaint filed by a former mental health facilities manager has now been transferred to arbitration, per an agreement from all parties concerned.

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