Nicholas Malfitano News

Discovery ongoing in foster family abuse case involving two Philadelphia boys

By Nicholas Malfitano | Mar 19, 2019

PHILADELPHIA – Continued discovery is scheduled to take place in the case of two young Philadelphia boys, ages 6 and 8 years old, who were allegedly sexually abused by their foster parent’s grandson.

Contractor allegedly electrocuted at Home Depot will not have case expedited, judge says

By Nicholas Malfitano | Mar 18, 2019

PHILADELPHIA – The case of a contractor who suffered an electric shock renovating a break room in Home Depot will not be expedited on a faster case management track, according to the decision of a state judge.

Texas lawmakers say the ALI's insurance law project 'not worthy of recognition by the courts'

By Nicholas Malfitano | Mar 18, 2019

AUSTIN, Texas – In response to the controversial passage of the American Law Institute’s Restatement of the Law of Liability Insurance last year, legislation has recently been filed by Texas lawmakers to discourage its being relied upon by courts.

Norfolk Southern Railway denied stay motion in Ga. man's FELA lawsuit

By Nicholas Malfitano | Mar 13, 2019

PHILADELPHIA – Litigation over whether Norfolk Southern Railway Company’s alleged negligence caused one of its former employees to contract lung cancer was recently rejected for a stay motion filed by the railway company.

Woman allegedly injured outside Fox & Hound pub settles with establishment

By Nicholas Malfitano | Mar 13, 2019

PHILADELPHIA – A lawsuit centered on a Conshohocken woman allegedly injured outside a popular pub in King of Prussia has been settled and ended, according to court records.

Attorney: If judges take ALI's controversial insurance project seriously, policyholders would suffer

By Nicholas Malfitano | Mar 13, 2019

PHILADELPHIA – Despite passage at last year’s annual meeting of the American Law Institute, multiple states and courts have since expressed opposition to the application of the ALI’s Restatement of the Law of Liability Insurance.

Case of N.J. woman's assault and battery at Philly's Schmidt's Commons sent to arbitration

By Nicholas Malfitano | Mar 11, 2019

PHILADELPHIA – The case of a woman who asserts she was assaulted and beaten by a group of attackers at The Schmidt’s Commons in Philadelphia’s Northern Liberties neighborhood more than a year ago has been sent to arbitration.

Asbestos case against Amtrak done in Philadelphia, but likely to be refiled in D.C.

By Nicholas Malfitano | Mar 11, 2019

PHILADELPHIA – A case involving the spouse of a former electrician for Amtrak who argued his death from colon cancer was the result of completing his work duties for Amtrak in an unsafe environment, has been dismissed without prejudice.

Teva Pharmaceuticals ordered to pay $455K in legal fees to former director; He said Israeli company fired him for being American

By Nicholas Malfitano | Mar 8, 2019

PHILADELPHIA – Teva Pharmaceuticals is now on the hook to pay in excess of $455,000 in legal bills to one of its former senior executives who successfully sued it for retaliation.

Supreme Court arguments: Companies in asbestos cases want to pay their 'fair share,' not split verdicts evenly

By Nicholas Malfitano | Mar 7, 2019

PHILADELPHIA – Justices from the Supreme Court of Pennsylvania warned of the possibility of “junk science” interjecting its way into product liability lawsuits, if juries were tasked with the specific assignment of defendant damages through the Fair Share Act.

Prison inmate claims his litigation against his unit manager led to retaliation

By Nicholas Malfitano | Mar 7, 2019

PHILADELPHIA – An inmate serving a life sentence at SCI-Phoenix claims a now-retired prison unit manager retaliated against him on two occasions, in response to his protest for losing his single-occupancy cell and for filing a lawsuit against the manager in question.

Pa. man's suit saying he suffered spinal injuries on United Airlines flight is dismissed

By Nicholas Malfitano | Mar 6, 2019

PHILADELPHIA – A Pennsylvania man who claimed he was injured on a United Airlines flight from Philadelphia to Denver and sued the airline for breach of contract, breach of warranty and negligence has had the litigation dismissed for failure to state a claim upon which relief could be granted.

Big asbestos case on this week's schedule for state Supreme Court; Will decide if Fair Share Act applies

By Nicholas Malfitano | Mar 5, 2019

PHILADELPHIA – Supreme Court of Pennsylvania arguments arrive in Philadelphia this week, including a hearing of a key case whose connection to the Fair Share Act and its applicability may have far-reaching implications in strict liability cases statewide for many years to come.

UPMC sues Pennsylvania AG Josh Shapiro over 'unlawful' enforcement actions

By Nicholas Malfitano | Mar 5, 2019

HARRISBURG – University of Pittsburgh Medical Center (UPMC) has filed a nine-count class action civil lawsuit against state Attorney General Josh Shapiro, claiming he violated federal law through “unlawful and unconstitutional interference with federal programs.”

Business groups warn against changing medical malpractice rules as Supreme Court accepts comments on proposal

By Nicholas Malfitano | Mar 1, 2019

PHILADELPHIA – Though any action on a Supreme Court of Pennsylvania committee proposal to change venue guidelines governing medical malpractice litigation statewide has been delayed until a legislative group completes a study on the matter, several prominent organizations submitted comments on the proposal before its tabling.

Vet clinic worker targeted receptionist and others for sexual harassment, suit says

By Nicholas Malfitano | Feb 27, 2019

PHILADELPHIA – In a recent lawsuit filed in state court, a Delaware woman alleges she was both sexually harassed by a maintenance worker at a Philadelphia veterinary clinic, and later fired for reporting that harassing conduct.

Wrongful death lawsuit connected to fatal 2016 plane crash apparently settled; Plaintiffs were seeking $5 million

By Nicholas Malfitano | Feb 27, 2019

PHILADELPHIA – A wrongful death lawsuit brought by the family of a deceased airplane pilot, which suggested negligence and technological failure on the part of the defendants caused the fatal crash, was recently dismissed in federal court.

Giant Pharmacy wins arbitration in case of flu shot; Plaintiff appealing

By Nicholas Malfitano | Feb 27, 2019

PHILADELPHIA – An arbitration award continues in the case of a plaintiff who suffered arm and shoulder injuries as a result of what she says was a pneumococcal vaccination gone awry.

City of Philadelphia sues financial institutions for 'billions' in alleged overcharging on bond interest rates

By Nicholas Malfitano | Feb 26, 2019

PHILADELPHIA – The City of Philadelphia has filed an antitrust class-action lawsuit in a New York federal court last week, charging seven prominent financial institutions with conspiracy in forcing it and other municipal borrowers to pay steep sums of interest on variable-rate bonds over an eight-year period spanning 2008 to 2016.

Talc defendant had hoped to challenge jurisdictional rules in Pennsylvania, but just went bankrupt

By Nicholas Malfitano | Feb 25, 2019

PITTSBURGH – The outcome of an appeal questioning Pennsylvania's jurisdictional rules is uncertain, as lawsuits alleging talcum powder causes cancer face question marks after one of the main defendants, Imerys Talc America, filed for Chapter 11 bankruptcy protection last week.

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