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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Nicholas Malfitano News


Judge orders defendants removed from wrongful death suit, against Shohola nursing home

By Nicholas Malfitano |
SCRANTON – In accordance with the prior recommendation of a federal magistrate judge, a group of defendants have been dismissed from a wrongful death lawsuit brought against a Shohola nursing home – which alleged that negligent care on its part and that of others led to the death of the plaintiff’s husband.

Corporate defendants disclaim liability for causing propane explosion that injured plaintiffs

By Nicholas Malfitano |
PITTSBURGH – Two defendants named in a product liability action by a group of plaintiffs severely burned in a propane tank explosion and two of their spouses, have hit back at claims they were contributorily liable for the explosion through their manufacture of the products involved in the incident.

Man walking with cane and injured at Bridesburg Train Station settles with SEPTA and Amtrak

By Nicholas Malfitano |
PHILADELPHIA – A local man who claimed he suffered a litany of severe injuries, when his cane became stuck in a hole at a Philadelphia train station platform, has settled his case with the Southeastern Pennsylvania Transportation Authority (SEPTA) and Amtrak.

Jackhammer operator who alleged Norfolk Southern's negligence caused his injuries ends case

By Nicholas Malfitano |
ALLENTOWN – Litigation from a jackhammer operator and his spouse against the Norfolk Southern railroad company, which claimed company negligence forced the operator to jump approximately 30 feet from a manlift in order to save his own life from an approaching train, has been closed.

Third Circuit dismisses Meadville police officer's appeal within man's wrongful arrest lawsuit

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court has dismissed an interlocutory appeal from a Meadville police officer filed within an underlying suit brought by a former Allegheny College student, who had been wrongfully accused of a barroom assault by Meadville law enforcement.

Judge throws out psych services provider's retaliation suit versus Derry Township School District

By Nicholas Malfitano |
HARRISBURG – Litigation brought by a Hershey woman alleging that her comments to the Derry Township School Board on the relative dearth of mental health services provided to students there led to the District retaliating against her, has been dismissed by a federal judge.

Man reiterates that not being transgender cost him his employment at Bucks County adult store

By Nicholas Malfitano |
PHILADELPHIA – A former cleaner and clerk at a Bucks County-based adult establishment stands by his claims that he was discriminated against and terminated from his employment, based upon his designation as a cisgender male.

Northeast Philly-based Marshalls HomeGoods store denies liability for woman's injuries

By Nicholas Malfitano |
PHILADELPHIA – A Marshalls HomeGoods store in Northeast Philadelphia has denied liability for injuries a local woman says she suffered more than two years ago, when a desk chair she was seated on unexpectedly moved and she fell.

Parents of 18-year-old killed by Pa. State Police near Philly street race file wrongful death lawsuit

By Nicholas Malfitano |
PHILADELPHIA – After an 18-year-old man was shot dead by a Pennsylvania State Trooper while he spectated street racing on Interstate-95 in Philadelphia last year, his friends who witnessed the shooting and his parents have filed a wrongful death lawsuit against members of both the Pennsylvania State Police and Philadelphia Police Department.

American Airlines suit keeps assault and emotional distress claims, loses others

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has decreed that several claims will be dismissed from a lawsuit brought by two passengers removed from an American Airlines flight nearly three years ago, but retained counts for assault and negligent infliction of emotional distress.

Pa. man who alleged his iPhone exploded and seriously burned him settles his claims

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man who accused Apple and Verizon of committing negligence and product liability defects, when an iPhone 6s Plus smartphone allegedly exploded and seriously injured him – has settled his claims.

Defendants dismissed from litigation alleging excessive force at Curran-Fromhold Correctional Facility

By Nicholas Malfitano |
PHILADELPHIA – Several government and corrections defendants have been dismissed from litigation which alleged law enforcement officials used excessive force on an incarcerated man.

Lawsuit over proposed mail-in ballot drop-off sites in Allegheny County may be quickly resolved

By Nicholas Malfitano |
PITTSBURGH – Litigation brought just last week by an Allegheny County councilman and four County citizens and voters against the County Executive, the County Board of Elections and the County itself over the proposed implementation of five mail-in ballot drop-off sites for next month’s primary election, looks to soon be amicably resolved.

Allegheny County Sheriff's Office employee loses religious exemption case over COVID vax

By Nicholas Malfitano |
PITTSBURGH – Allegheny County and its Sheriff’s Office have won dismissal of litigation which alleged that they failed to reasonably accommodate the religious beliefs of one of its employees, when it mandated obtaining vaccination against COVID-19.

Nonprofit group who said Federal Highway Administration violated National Environmental Policy Act wants summary judgment

By Nicholas Malfitano |
HARRISBURG – An environmental nonprofit group has motioned for summary judgment in its case against a component of the U.S. Department of Transportation and its chief, over claims that the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.

Estate of man killed by passing vehicle maintains Marple Township police officers were responsible

By Nicholas Malfitano |
PHILADELPHIA – The estate of a man left at a bus stop while in an intoxicated state by Marple Township police officers and killed by a passing vehicle shortly thereafter more than two years ago, has reiterated claims that the Township, its Police Department and a plethora of officers the plaintiff believes are responsible for the man’s death.

Federal judge rejects dismissal motion from Taiwanese group named in Pa. doctor's bike crash suit

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has denied a motion to dismiss from a Taiwanese company named in an injury lawsuit brought by a local ophthalmologist, who suffered a tear of his left triceps tendon and other injuries when his bicycle’s coaster brake allegedly failed and he crashed on a roadway.

Parents who alleged their home was stormed by Philly deputies, say res judicata does not apply

By Nicholas Malfitano |
PHILADELPHIA – Parent plaintiffs who claimed multiple officers from the Philadelphia Sheriff’s Department violated their civil rights when they executed a search warrant at their home in an attempt to find the plaintiffs’ son, who had been murdered five months before the search took place, have countered arguments from the City of Philadelphia that res judicata should bar their case.

Plaintiff discontinues suit against Lycoming County SPCA, over aggressive dog it adopted out

By Nicholas Malfitano |
WILLIAMSPORT – A Williamsport woman has, for now, discontinued her lawsuit alleging that the local Society for the Protection of Animals failed to warn her that the dog she was adopting had aggressive tendencies and a result, after bringing the dog home, it attacked her cat.

Third Circuit upholds terrorism sentencing enhancement for ISIS-affiliated potential church bomber

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a terrorism-based sentencing enhancement, in the criminal case of an ISIS supporter who was arrested in June 2019 for planning to bomb a Nigerian-American church in Pittsburgh.