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PENNSYLVANIA RECORD

Tuesday, October 1, 2024

Latest News


Counsel looking for $45K fees in settlement for ADA class action versus Nevada bag retailer

By Nicholas Malfitano |
ERIE – Class action litigation against a Nevada-based retailer of bags and other merchandise which claimed its website does not support Screen Reader software for the visually-impaired and thus violates the Americans with Disabilities Act of 1990 is close to wrapping up, with the settlement awaiting final approval and plaintiff counsel seeking an agreed-upon $45,000 in attorneys’ fees.

Mail carrier says unsecured mailbox fell, hit her in the chest and injured her

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania woman claims that she was injured during her postal rounds, when an unsecured multi-unit mailbox fell and struck her in the chest.

Gamblers speaking Punjabi maintain discrimination claims against Mount Airy Casino Resort

By Nicholas Malfitano |
SCRANTON – Five New York plaintiffs of Indian ancestry maintain their claims that they were discriminated against at a Northeastern Pennsylvania casino for using their native language of Punjabi while gambling.

U.S. DOT and PennDOT reject nonprofit's claims that they violated environmental law

By Nicholas Malfitano |
HARRISBURG – A component of the U.S. Department of Transportation has rejected claims from an environmental nonprofit group the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.

Las Vegas-based law firm says it didn't violate TCPA with calls to potential clients

By Nicholas Malfitano |
WILLIAMSPORT – The Accident Attorneys of America have denied claims contained in a Central Pennsylvania man’s class action lawsuit, that it violated the Telephone Consumer Protection Act (TCPA) with its unsolicited phone calls to potential clients.

Woman says Pa. zoo has her emotional support cat and won't give it back

By Nicholas Malfitano |
WILLIAMSPORT – A New Jersey woman claims that after facing unfounded criminal accusations from her husband, her exotic, emotional support cat was taken from her possession and relocated to a rescue facility, upon where and when the plaintiff attempted to reclaim the animal, the facility’s owners assaulted her.

Pittsburgh law firm countersues one of its ex-attorneys litigating breach of contract action

By Nicholas Malfitano |
PITTSBURGH – A Pittsburgh law firm has countered a breach of contract lawsuit from one of its former attorneys, by alleging that the plaintiff being derelict from his duties cost it both new business and over $200,000 in lost revenue.

Landlord and Airbnb contesting continued discovery, while arbitration motion is resolved

By Nicholas Malfitano |
PHILADELPHIA – Counsel on both sides of a property damage dispute between a South Philly landlord and Airbnb are at odds on whether discovery should proceed, while motion to either potentially compel arbitration or stay the case is pending.

Construction company says 12-year statute of repose should bar Belle Vernon school district's suit

By Nicholas Malfitano |
PITTSBURGH – An Ohio company contends that the Belle Vernon Area School District cannot sue it over the failure of the bus canopy it built for the District back in 2005, since Pennsylvania has only a 12-year statute of repose when it comes to construction projects.

Woman says she sustained knee and spinal injuries after falling on desk in Macy's

By Nicholas Malfitano |
PHILADELPHIA – A local woman alleges Macy’s negligently allowed an incompletely-finished and/or structured desk on the showroom floor, which gave way when she leaned on it and caused her to suffer both knee and spinal injuries.

Man who claims he was overserved with alcohol at pool party and paralyzed settles case with hosts

By Nicholas Malfitano |
PITTSBURGH – A man who suffered a severe spinal cord injury at a house party where alcohol was consumed and argued that his paralysis was the result of the party hosts’ negligence in allowing him to be overserved with alcohol, has settled his case.

Woman injured by falling light bulb during concert serves subpoena for employment records

By Nicholas Malfitano |
PITTSBURGH – Counsel for a Westmoreland County woman who was injured at a music concert when a long, fluorescent light bulb fell from the ceiling of the concert venue and landed on top of her head, is seeking her complete employment records in furtherance of her case.

State fair injury suit remanded to York County Court of Common Pleas

By Nicholas Malfitano |
HARRISBURG – A Maryland woman who alleged that the organizing companies of the York State Fair were negligent in failing to prevent her injuries when a passing thunderstorm caused her to be hit by a metal object when she was attending the fair, has seen her case remanded to a Pennsylvania state court.

Colorado man says his Pa. property was demolished without him knowing

By Nicholas Malfitano |
SCRANTON – A Colorado man contends that a piece of mixed-use property he owns in Pittston was illegally demolished without the responsible authorities serving him notice.

Teacher who objected to Philadelphia's pronoun policy fired for cause, school district says

By Nicholas Malfitano |
PHILADELPHIA – The School District of Philadelphia argues it was correct to fire a former middle school teacher, not because he objected to a gender identity-centered student policy, but because he allegedly failed to comply with District policies and procedures.

Allegheny County couple stand by injury claims against Monroeville Kohl's store

By Nicholas Malfitano |
PITTSBURGH – An Allegheny County couple maintain that the wife-plaintiff fell inside a Kohl’s department store in Monroeville, allegedly due to the company’s negligence.

Case of microwaved stuffed animal settled for $1,000

By Nicholas Malfitano |
LANCASTER – A Canadian manufacturer has obtained judicial authorization of a $1,000 settlement, for injuries sustained by a Lancaster child after she was injured by a microwaved stuffed animal.

After $1M loss, real estate group sues Pittsburgh's Zoning Board and one of its members

By Nicholas Malfitano |
PITTSBURGH – A real estate development group contends it has sustained seven-figure losses as a result of Pittsburgh’s Zoning Board of Adjustment and one of its members failing to schedule a rehearing of an application it says was negatively affected by that same member’s alleged conflict of interest.

Third Circuit denies sentencing appeal from Corsica official convicted of $345K wire fraud

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has denied an appeal from a secretary convicted of wire fraud one year ago, and who had been sentenced to nearly two years in prison and three subsequent years of supervised release.

LexisNexis: Salesman's performance led to his termination, not his age

By Nicholas Malfitano |
PHILADELPHIA – A global data and analytics company has denied that age was a factor in the termination of one of its salespeople from his position, instead pointing to the plaintiff allegedly not meeting the company’s performance standards.