Nicholas Malfitano News

Judge rules for Philadelphia after man stops pursuing personal injury claim

By Nicholas Malfitano | May 16, 2019

PHILADELPHIA – A judgment of non pros has been entered in a Philadelphia man’s litigation, one filed after he claimed to be injured by an errant sewer drainage cover by City of Philadelphia agencies and state authorities.

Case centered on SEPTA bus that fell into road construction hole set for settlement conference

By Nicholas Malfitano | May 16, 2019

PHILADELPHIA – A settlement conference has been scheduled in the case of a local man who initiated legal action against the City of Philadelphia, Southeastern Pennsylvania Transportation Authority (SEPTA) and the Commonwealth of Pennsylvania’s Department of Transportation (DOT), after he was allegedly injured when the bus he was riding fell into a construction hole.

Philly Pretzel Factory denied summary judgment in injury lawsuit filed by store manager

By Nicholas Malfitano | May 15, 2019

PHILADELPHIA – A Philadelphia judge has denied a motion for summary judgment in the case of an injured Philly Pretzel Factory store manager, who claims the retailer did not remedy defective conditions on its Gilbertsville store premises.

Case of man who claimed Medicine Shoppe pharmacy disclosed his HIV-positive status sent to Perry County court

By Nicholas Malfitano | May 15, 2019

PHILADELPHIA – The case filed by an anonymous plaintiff against Medicine Shoppe Pharmacy and its owners and operators, for allegedly disclosing his confidential HIV-positive status to both his family and members of the public has been transferred to a Perry County court.

Pittsburgh attorney busy filing ADA lawsuits amid contentious split from Carlson Lynch; A possibly stolen spreadsheet is disputed

By Nicholas Malfitano | May 15, 2019

PITTSBURGH – Even while facing a lawsuit filed by his former employer, former Carlson Lynch partner Benjamin Sweet has engaged in a flurry of activity as of late, filing 21 lawsuits in various federal courts nationwide in May 2019 alone.

Railroad companies seek to dismiss litigation filed by estate of switchman for improper venue

By Nicholas Malfitano | May 14, 2019

PHILADELPHIA – The defendants in an action where the estate of a deceased train line switchman alleges the railroad companies he worked for violated the Federal Employers Liability Act (FELA) and Locomotive Inspection Act (LIA) by failing to protect the decedent from exposure to toxic substances, have filed to dismiss it for improper venue.

Philadelphia woman's lawsuit claiming her car fell into a sinkhole headed to arbitration

By Nicholas Malfitano | May 14, 2019

PHILADELPHIA – Arbitration proceedings have been scheduled for a case brought against the City of Philadelphia, Commonwealth of Pennsylvania and its Department of Transportation, by a motorist who claims to have been injured when her car fell into a sinkhole in Philadelphia.

ALI sends in lobbyists as Texas lawmakers consider denouncing group's insurance Restatement

By Nicholas Malfitano | May 14, 2019

AUSTIN, Texas – New records show that the American Law Institute has hired lobby assistance to oppose legislation filed by Texas lawmakers to discourage the Restatement of the Law of Liability Insurance from being relied upon by courts.

Montana man claims taking Invokana diabetes medication caused him to suffer gangrene

By Nicholas Malfitano | May 13, 2019

PHILADELPHIA – Another lawsuit from an out-of-state plaintiff joins others in targeting Johnson & Johnson’s Invokana medication for Type 2 diabetes, alleging the company failed to warn him that the drug put him at increased risk for the gangrene he sustained from taking it.

Harrisburg grocer says it's not responsible for Philly woman's head injuries at charter school

By Nicholas Malfitano | May 13, 2019

PHILADELPHIA – A Philadelphia woman says a Harrisburg-based grocer, and a local charter school and cleaning service agency were responsible for injuries she suffered when a metal bar fell and landed on her head, while the grocer claims her injuries are barred by a number of affirmative defenses.

Judge: Samaritans must comply with discovery requests or face trial sanctions

By Nicholas Malfitano | May 13, 2019

PHILADELPHIA – Per a recent order from a Philadelphia judge, a Jenkintown-based nonprofit organization must comply with discovery requests or face sanctions in the form of preclusion of testimony and evidence at trial.

Defense seeks sanctions against woman who filed lawsuit after drunk fan fell on top of her at Eagles game

By Nicholas Malfitano | May 10, 2019

PHILADELPHIA – Counsel for one of the defendants in a civil lawsuit from a fan alleging to have been severely injured at one of their games in 2016 when an intoxicated fellow fan passed out and fell on top of her, claims that the fan isn’t cooperating with discovery requests and should be sanctioned.

Road crew technician files injury lawsuit after 2017 Billy Joel concert in Philadelphia

By Nicholas Malfitano | May 10, 2019

PHILADELPHIA – A New Jersey man who worked on a Billy Joel concert no longer wishes to sue the Piano Man, though claims he was injured by scaffolding remain pending against other defendants.

UPenn fights lawsuit, says causes outside its control led to student's 2016 suicide on train tracks

By Nicholas Malfitano | May 9, 2019

PHILADELPHIA – In opposing a lawsuit from the parents of a student at its Wharton School of Business who committed suicide three years ago, the University of Pennsylvania said the death was due to causes outside of its control.

Philly man who alleged police officers assaulted him while in custody settles case

By Nicholas Malfitano | May 8, 2019

PHILADELPHIA – A lawsuit from a man who claims a pair of Philadelphia police officers battered him after having a conflict with a gas station cashier over possession of a pack of cigarettes he purchased has been settled.

Secrecy surrounds letter that sparked Pa. Supreme Court's re-examination of medical malpractice venue rules

By Nicholas Malfitano | May 8, 2019

PHILADELPHIA – A renewed debate over the rules governing venue for medical malpractice litigation statewide was sparked over a letter written to the Supreme Court of Pennsylvania late last year, asking the body to re-examine the issue. It’s a letter the public may never see.

Philadelphia Gas Works seeks collection and indemnity in SEPTA workers' injury litigation

By Nicholas Malfitano | May 7, 2019

PHILADELPHIA – Philadelphia Gas Works is seeking immunity from liability in a lawsuit filed by Southeastern Pennsylvania Transportation Authority (SEPTA) employees against it, the Pennsylvania Department of Transportation the City of Philadelphia, Exelon Corporation and PECO Energy company, for injuries they allegedly sustained in a gas leak explosion in 2016.

Trackman says permanent double-knee damage is from Amtrak's unsafe equipment and tools

By Nicholas Malfitano | May 7, 2019

PHILADELPHIA – An Amtrak trackman claims the train transportation company violated the Federal Employers Liability Act (FELA) by failing to provide safe equipment with which to perform his duties, and he claims he’s suffered permanent knee damage as a result.

One of the key Risperdal cases in Philadelphia just settled under the threat of punitive damages

By Nicholas Malfitano | May 7, 2019

PHILADELPHIA – A prominent Risperdal case where the issue of punitive damages applicability reached the state Superior Court has been resolved through a settlement in Philadelphia, according to mutual confirmation from plaintiff counsel and the drug’s manufacturer.

Olde City Day School settles lawsuit alleging child fell, broke arm

By Nicholas Malfitano | May 6, 2019

PHILADELPHIA – The case of a parent suing her child’s school for damages after he allegedly fell from a classroom’s indoor tunnel has been settled before proceeding to trial.

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