Nicholas Malfitano News

Taiwanese company dismissed from crossbow injury litigation

By Nicholas Malfitano | May 6, 2019

PHILADELPHIA – A Taiwanese company that was facing suit from plaintiffs after a serious crossbow injury successfully secured their exit from the case, after arguing it was not properly served or subject to American jurisdiction.

Lawsuit by Philadelphia coffee barista allegedly fired for refusing to participate in drug activity scheduled for trial

By Nicholas Malfitano | May 6, 2019

PHILADELPHIA – The case of a coffee barista who claims he was unlawfully fired when he refused to participate in a drug-dealing operation on his employer's premises is scheduled to reach a Philadelphia courtroom later this year.

Judge awards Philly woman $25K after landlord deemed negligent in sidewalk fall

By Nicholas Malfitano | May 3, 2019

PHILADELPHIA – A Philadelphia woman has been awarded $25,000 in damages, after a judge found that a property owner was negligent in allowing a drain hole and pipe to be exposed on his sidewalk and causing the plaintiff to be seriously injured.

Counsel for Cablenet Services may be allowed to withdraw from pending negligence action at future hearing

By Nicholas Malfitano | May 3, 2019

PHILADELPHIA – A rule returnable meeting has been scheduled for mid-May to determine if counsel for Cablenet Services will be allowed to withdraw their appearance, in the case of a plaintiff said to be injured by alleged negligently-maintained cable wires in Philadelphia’s Old City neighborhood.

SEPTA worker's on-the-job-injury claim heads to settlement conference

By Nicholas Malfitano | May 3, 2019

PHILADELPHIA – A settlement conference has been scheduled in the case of a Southeastern Pennsylvania Transportation Authority conductor suing the agency for violation of the Federal Employers Liability Act and Federal Locomotive Inspection Act, alleging a malfunctioning trap caused her to suffer serious shoulder, spine and leg injuries.

Money piles up for serial TCPA lawsuit-filer from King of Prussia; This week's trial looks like a win

By Nicholas Malfitano | May 2, 2019

PHILADELPHIA – The Telephone Consumer Protection Act: Enacted in 1991, its purpose is to protect the public from unwanted telemarketing calls. However, for some professional plaintiffs, it has also proven to be a source of serial litigation generating settlement payoffs.

Norfolk Southern Railway claims Georgia man's lawsuit has no place in Philly court

By Nicholas Malfitano | May 1, 2019

PHILADELPHIA – Norfolk Southern Railway Company says a lawsuit filed against it by a former flagman, conductor and engineer, one which accuses it of negligence under the Federal Employers Liability Act (FELA) in providing an unsafe work environment and causing the plaintiff to contract colon, prostate and throat cancer, lacks appropriate jurisdiction.

SEPTA settles with siding company worker said to suffer spinal injuries when lifting generator

By Nicholas Malfitano | May 1, 2019

PHILADELPHIA – A settlement has been reached in the case of a Southeastern Pennsylvania Transportation Authority (SEPTA) employee who claimed being required to lift an unsafe generator on the job caused him to suffer both herniated discs and spinal injuries.

Chinese company added to lawsuit filed by plaintiff allegedly shocked by Toastmaster coffee pot

By Nicholas Malfitano | Apr 29, 2019

PHILADELPHIA – One of the manufacturers and retail defendants in a case involving a plaintiff who claimed to receive an electric shock from a Toastmaster coffee pot, has filed a joinder complaint to add another company to the brew.

Woman who alleges her head was caught in SEPTA train door sees case head to arbitration

By Nicholas Malfitano | Apr 29, 2019

PHILADELPHIA – An arbitration hearing has been rescheduled in the action brought by a passenger whose head and neck were trapped in the doors of an elevated line train last year versus the Southeastern Pennsylvania Transportation Authority (SEPTA).

Litigation funders get win at Third Circuit approving deals in NFL concussion lawsuits

By Nicholas Malfitano | Apr 29, 2019

PHILADELPHIA – Third-party litigation funders scored a touchdown on Friday, when the U.S. Court of Appeals for the Third Circuit vacated an order prohibiting ex-NFL players from utilizing their assistance to receive advance payments in the league’s billion-dollar concussion settlement.

Settlement reached for plaintiff who allegedly sustained spinal injuries outside Coca Cola plant

By Nicholas Malfitano | Apr 26, 2019

PHILADELPHIA – A plaintiff who claimed the broken sidewalk of a Coca Cola beverage production center in Philadelphia led to his fall and subsequent severe head and spinal injuries settled his lawsuit

Man allegedly disfigured by moulding machine now involved in second litigation against equipment companies

By Nicholas Malfitano | Apr 26, 2019

PHILADELPHIA – A man who claimed to have been permanently blinded and catastrophically injured by a faulty moulding machine at a local lumber facility, withdrew his initial litigation he filed against the manufacturers of the device, in the wake of a second suit currently pending.

Philadelphia jury levies $120M verdict on pelvic mesh manufacturers Johnson & Johnson, Ethicon

By Nicholas Malfitano | Apr 26, 2019

PHILADELPHIA – A Philadelphia jury has handed down a $120 million verdict in favor of a plaintiff who claimed she suffered pain, incontinence and an inability to have sexual intercourse with her husband, after being implanted with a pelvic mesh manufactured by Johnson & Johnson and its subsidiary, Ethicon, Inc.

Temp who sued Estee Lauder after alleged maiming will see her case head to a Philly federal courtroom this summer

By Nicholas Malfitano | Apr 25, 2019

PHILADELPHIA – A temp worker who claimed to have been maimed by a faulty paper cushioning machine in the shipping facility where she worked is scheduled to stand across the courtroom from Estee Lauder cosmetics in federal court this summer.

Pipefitter's injury litigation against NJ Transit about to reach a jury

By Nicholas Malfitano | Apr 25, 2019

PHILADELPHIA – The case of a New Jersey Transit train pipefitter who charged his employer with violating the Federal Employers Liability Act (FELA) when it allegedly permitted conditions which gave him severe shoulder injuries will be heard in a Philadelphia courtroom next month.

Johnson & Johnson and Ethicon prevail over plaintiff who claimed product-related injuries in pelvic mesh trial

By Nicholas Malfitano | Apr 25, 2019

PHILADELPHIA – After five years of litigation, a Philadelphia jury recently found in favor of Johnson & Johnson, one of its subsidiaries and partner companies, who were accused of manufacturing a pelvic mesh product that a plaintiff claimed caused her to suffer incontinence and other injuries.

Legal observers say ALI's pending Copyright Law Restatement encroaches on federal decision-making territory

By Nicholas Malfitano | Apr 24, 2019

PHILADELPHIA – The American Law Institute’s pending Restatement of the Law, Copyright has some law scholars questioning its compilation, merits and intentions as to its given subject, while the ALI stands by the integrity of its Restatement-drafting process.

Man allegedly burned by Wawa coffee cup drops his lawsuit

By Nicholas Malfitano | Apr 24, 2019

PHILADELPHIA – According to court records, a Philadelphia man who sued Wawa for negligence after having been burned by its coffee products voluntarily discontinued his case.

Assistant who claimed his former pharma employer racially discriminated against him settles case

By Nicholas Malfitano | Apr 24, 2019

PHILADELPHIA – An executive assistant for a pharmaceutical company in Philadelphia who claimed he was unlawfully terminated after meeting with its human resources department to report discriminatory employment practices settled his case against his former employer.

The Record Network