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PENNSYLVANIA RECORD

Tuesday, October 1, 2024

Latest News


Judge allows plaintiff filing ADA suit against Law School Admission Council to proceed anonymously

By Nicholas Malfitano |
PHILADELPHIA – A woman with vision impairment who alleged that a Pennsylvania group tasked with overseeing the Law School Admission Test has violated her rights under the Americans with Disabilities Act of 1990 by not providing her with an accommodation for screen-reading software to take the test, will be allowed to pursue her case anonymously.

Phila. wants to dismiss counts from suit brought by woman who had seizure, after alleged false arrest

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia is seeking to dismiss multiple counts from litigation brought by a local woman, who alleged that she was wrongly arrested for a road rage incident involving her daughter, denied medical care and as a result, had a seizure while in custody.

Bucks County couple alleging husband's wrongful arrest on marijuana charge want claims retained

By Nicholas Malfitano |
PHILADELPHIA – A Bucks County couple once again allege that the husband-plaintiff was mistakenly arrested for possession of marijuana and incarcerated for five hours before the authorities dropped all charges and released him, and that their claims should not be dismissed.

Maryland woman restates injury claims after escalator incident at Pittsburgh Zoo

By Nicholas Malfitano |
PITTSBURGH – A Maryland woman has reiterated that a faulty escalator at the Pittsburgh Zoo which stopped working suddenly and abruptly, led her to fall forward and sustain a series of severe injuries during a visit two years ago.

Philly woman files injury suit against Delco seafood restaurant after falling on its broken sidewalk

By Nicholas Malfitano |
MEDIA – A Philadelphia woman alleges that a Lansdowne seafood restaurant negligently allowed a sidewalk outside its premises to deteriorate and fall into disrepair, which caused her to fall and become seriously injured during a visit almost two years ago.

UberEats driver who brought class action over alleged tip shortage from Insomnia Cookies settles case

By Nicholas Malfitano |
PHILADELPHIA – Litigation brought by an Alabama-based Uber driver, who alleged that the Insomnia Cookies company stiffed him and numerous other employees of large sums of money in tips when it sub-contracts its product delivery services to drivers on the ride share app, has been voluntarily dismissed.

Third-party defendants lose out on dismissal from suit over $2M COVID-19 test sale conflict

By Nicholas Malfitano |
PHILADELPHIA – In litigation where defendants were accused of not providing more than 151,000 COVID-19 test kits or a refund to a retailer who paid it nearly $2 million, third-party defendants named in a later version of the complaint have lost their attempt to be dismissed from it.

Class action suit over motorcycle anti-theft system once again facing dismissal motion

By Nicholas Malfitano |
PITTSBURGH – A motorcycle manufacturer is once again attempting to dismiss a class action suit claiming it did not include an advertised anti-theft system on its products.

Pa. asks to dismiss suit from family of man about to be released from 45-year prison term, only to die of COVID-19

By Nicholas Malfitano |
PHILADELPHIA – The Commonwealth of Pennsylvania is seeking a complete dismissal of litigation brought by the family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades, which charged that state officials did not approve the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death.

Pennsylvania Institute of Technology wants deposition from woman allegedly injured on its own property

By Nicholas Malfitano |
MEDIA – Counsel for the Pennsylvania Institute of Technology is seeking to compel deposition testimony from a woman who claimed she was seriously injured in a fall at a home the Institute owned, one year ago.

Airbnb continues to push for arbitration in landlord's case against rowdy renter-turned-squatter

By Nicholas Malfitano |
PHILADELPHIA – Airbnb continues to argue that arbitration should govern a dispute between itself and a South Philly landlord, the related damages of which exceeded $75,000.

After Delco man loses fingers in circular saw accident, he files suit against Japanese manufacturer and Home Depot

By Nicholas Malfitano |
MEDIA – A Delaware County man has sued a Japanese corporation and Home Depot for laceration and amputation injuries he alleges he suffered when operating a circular saw.

Another defendant seeking judgment of non pros, in case of accidental OD at rehab facility

By Nicholas Malfitano |
PITTSBURGH – A second defendant now posits that both a missing certificate of merit and pleading insufficiencies have detracted from litigation containing claims that a local man and father of five children, who was residing at a rehabilitation center for those dealing with homelessness, mental illness or dependency issues, died from an accidental overdose.

Penn State motions for summary judgment, in suit from steward who alleged rape by her supervisor

By Nicholas Malfitano |
WILLIAMSPORT – Penn State University has motioned for summary judgment in a sexual harassment and retaliation action brought by a steward at the institution, who claimed she was raped by her direct supervisor.

Couple who sued ladder manufacturer and Amazon after wife fell during insurance estimate settle case

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania couple who sued Amazon and the manufacturer of a ladder they claimed was defective, after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie, have tentatively settled their claims after mediation.

Delco homeowner and insurance group allege that pest repellent sold by Amazon caused fire at his home

By Nicholas Malfitano |
MEDIA – A Delaware County homeowner and his insurance company alleges that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com.

Wilkes-Barre woman says she slipped on slushy fluid at Sheetz convenience store

By Nicholas Malfitano |
SCRANTON – A Northeastern Pennsylvania woman alleges that she suffered severe injuries to her neck, back and right knee at a Sheetz convenience store in Wilkes-Barre, when she slipped on fluid from a nearby soda/slushy machine which had leaked onto the store floor.

After lighter retailer denies liability for fatal fire, plaintiff counsel reiterates its responsibility

By Nicholas Malfitano |
PHILADELPHIA – Plaintiff counsel in wrongful death litigation connected to a fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, has opposed denials of liability from the retailer of the lighter which caused the blaze.

Third-party complaint filed in Delco suit over wrongful death of 18-month-old in foster care

By Nicholas Malfitano |
PHILADELPHIA – Chester-based defendants named in a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, are placing the sole blame and responsibility for the incident on a pair of individuals currently incarcerated for the child’s death on charges of first-degree murder.

Philly Pops wants injunction in antitrust suit versus Philadelphia Orchestra and Kimmel Center

By Nicholas Malfitano |
PHILADELPHIA – In its antitrust litigation against The Philadelphia Orchestra and The Kimmel Center, The Philly Pops have charged that the defendants engaged in anticompetitive conduct designed to monopolize the market for similar-style concerts in the Greater Philadelphia Metropolitan Area – and is now seeking a preliminary injunction to further prevent such conduct.