Nicholas Malfitano News
Registered trademark litigation continues to have education law-based firms at odds
PHILADELPHIA – A local law firm continues to seek review of an order which struck down its attempt to cancel a Bucks County-based firm’s trademark surrounding the phrase “Education Lawyers," in reference to both of their areas of legal expertise.
Plaintiff in suit over fall at Pennsylvania Institute of Technology-affiliated house wants case consolidation
MEDIA – A woman seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology and who sued the institution for the injuries she received, is seeking to consolidate her original suit with more recent litigation brought over the same events.
Judge again rejects brief from LGBTQ group in suit over first-graders taught transgender issues
PITTSBURGH – A federal judge has denied a motion for reconsideration regarding the rejection of an amicus brief from an LGBTQ nonprofit group in a lawsuit from a group of parents who alleged their civil rights were violated when Mount Lebanon School District taught gender dysphoria and transgender transitioning to their first-grade children.
Families of Chester children killed by passing Amtrak train have case dismissed without prejudice
PHILADELPHIA – For the moment, a federal judge has dismissed litigation from the estates of two minor children from Chester, who were killed one year ago by a passing Amtrak train going from New York to Washington, D.C., through granting the transit company’s motion for judgment on the pleadings.
Fla. woman who claimed Upper Darby hookah lounge staff assaulted her settles case
MEDIA – A Florida woman who alleged that she was violently assaulted by staff members of an Upper Darby hookah lounge has settled her case.
Couple say husband's back injuries was the result of negligence at Texas Roadhouse restaurant
PHILADELPHIA – A Philadelphia couple allege that a Bensalem location of the Texas Roadhouse restaurant chain was negligent in the conduct of its employees, leading the husband-plaintiff to be struck with a serving tray, fall and suffer a severe back injury.
Plaintiff says institutional failures resulted in his assault by another Curran-Fromhold inmate
PHILADELPHIA – A Philadelphia man asserts that institutional failures on the part of the City of Philadelphia and Curran Fromhold Correctional Facility leadership resulted in him being the subject of a severe assault at the facility, at the hands of another inmate.
UPenn says its faculty’s lawsuit over Congressional anti-Semitism investigation is meritless
PHILADELPHIA – Prior to filing a motion to dismiss, counsel for the University of Pennsylvania have countered litigation from a group of the school’s professors – a suit which alleged the school’s cooperation with Congressional investigations into anti-Semitic activity on campus is tantamount to a modern form of “McCarthyism” – with an argument that the case lacks legal standing.
Woman injured during treadmill stress test reaches settlement with medical defendants
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test and claimed that doctors ignoring her warnings that the speed of the treadmill was too fast and led her to fall and suffer a broken arm and other injuries, has arrived at a settlement agreement with the defendants.
Schuylkill County plaintiffs say defective Yankee Candle caused $342K in fire damage to their home
PHILADELPHIA – A Schuylkill County couple alleges that a Yankee Candle they had inside their home was defective and caused a fire, which they say led to extensive renovations at their property costing more than $342,000.
Philly woman sues National Park Service, federal and city governments after sidewalk fall
PHILADELPHIA – A Philadelphia woman asserts she suffered a variety of injuries due to a sidewalk fall which took place in front of Independence Hall, in Philadelphia’s Old City district, and claims both the federal and local governments are responsible for her fall.
Couple who alleged healthcare group leaked raw sewage into their home lose arbitration hearing
PITTSBURGH – A couple who alleged that a local healthcare group flooded their basement with raw sewage and later motioned to transfer the case to the arbitration process have lost during those same proceedings.
Philadelphia's Juvenile Probation Dept. gets partial dismissal of counts in class action sexual abuse suit
PHILADELPHIA – In a class action, sexual abuse lawsuit brought by seven former residents of The Summit Academy, Philadelphia’s Juvenile Probation Department has received dismissal of certain federal civil rights and state-law claims lodged against it.
S.C. woman who alleged hair dye caused chemical burn has case stayed for mediation
SCRANTON – Litigation from a South Carolina woman who claimed that using a hair dye product sold by a Nevada beauty company caused her to suffer a chemical burn on the back of her head, has been stayed pending the result of mediation.
Former Bucks County Technical High School student says impact weapons drill broke her finger
PHILADELPHIA – A former EMS student at Bucks County Technical High School alleges she suffered a broken left pinky finger, after being compelled to participate in a mandatory impact weapons drill featuring batons and punch paddles.
Mothers of child who was sexually assaulted at his elementary school sue York School District
YORK – The mothers of a minor child allege he was the victim of a sexual assault at the hands of an older student in the restroom of his elementary school, and have charged the York School District with negligence in failing to prevent that incident.
Wrongful death suit which alleged Safelite window killed plaintiff’s wife in crash is dismissed
PHILADELPHIA – The estate of a woman killed when a piece of metal came through her windshield while driving and which had sued Safelite, has voluntarily dismissed its case.
Delaware County corrections guard union alleges County and officials targeted and terminated its members
PHILADELPHIA – More than a dozen members of an independent union of corrections guards in Delaware County contend they were terminated without cause or due process after the County resumed control of their workplace, George W. Hill Correctional Facility, in 2022 and tried to disband their union.
Northumberland County looks to dismiss wrongful death suit, after stillborn death of plaintiffs’ daughter
WILLIAMSPORT – Northumberland County, its government and medical first responders have motioned to dismiss a wrongful death lawsuit from a local couple, which alleged that collective negligence on their parts led to a delayed response in receiving emergency medical care, and their daughter’s subsequent stillborn condition and death.
Case of man exonerated after 27 years in prison for murder and who later passed away, is taken up by his estate
PHILADELPHIA – Though a man who spent more than 27 years, wrongly incarcerated and who filed a civil suit against the City of Philadelphia and various officers involved in his arrest and prosecution has passed away, his estate has taken up the banner for his case to continue.