Nicholas Malfitano News
Mom says Dover Area school staff affirmed her daughter’s gender without telling her
HARRISBURG – A Dover Area School District parent alleges that District personnel affirmed her 14-year-old daughter as a boy and referred to her by another name, without notifying the plaintiff.
City of Philadelphia wants to dismiss 'vague' civil rights lawsuit from transgender firefighter
PHILADELPHIA – The City of Philadelphia is looking to dismiss litigation from a transgender Philadelphia firefighter, who said she was blocked from gaining insurance benefits to pay for her gender-affirmation surgeries and subsequently became suicidal.
Class action complaint alleges GM, OnStar and LexisNexis sold driver data to third parties
SCRANTON – A Pennsylvania man alleges that collective conduct between General Motors, OnStar and LexisNexis resulted in driver behavior data being collected without drivers’ knowledge, consent or compensation – data which is then allegedly sold to automobile insurers, who in turn will set or increase drivers’ quotes or premiums based on the data.
Man who fell through Giant Eagle store floor wants Court to transfer his case to arbitration
PITTSBURGH – Counsel for a local man is seeking a state court to transfer to arbitration its case against a Giant Eagle supermarket in Export, where their client alleged he fell through an exposed section of the store flooring during a shopping trip.
Nursing care facility death case defendants called upon to participate in discovery
LANCASTER – After a woman who was a resident of the Hamilton Arms Center skilled nursing facility for two months died in June of last year, her daughter has argued the facility is directly responsible for the events in question and is now seeking to compel it to fully participate in case discovery.
Former Yeadon councilwoman files defamation lawsuit versus the borough, mayor and council members
MEDIA – A former Yeadon Borough councilwoman has sued the Borough’s current leadership, alleging that the defendants repeatedly defamed her in both public and private settings, causing harm to her reputation and standing in the community.
Physical therapist says Ohio health care company fired her for refusing COVID vax
PITTSBURGH – A physical therapist has sued an Ohio healthcare group, claiming that her employer discriminated against her Christian beliefs by refusing to extend her an exemption from receiving the COVID-19 vaccine, before firing her.
Cisgender male who said he was fired from adult establishment loses PHRA claim for now
PHILADELPHIA – A former cleaner and clerk at a Bucks County-based adult establishment who claimed that he was discriminated against and terminated from his employment, based upon his designation as a cisgender male, has retained his federal law claim and, for the moment, lost a claim brought under the Pennsylvania Human Relations Act.
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.