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PENNSYLVANIA RECORD

Wednesday, June 26, 2024

Latest News


Federal Court

Bucks County adult business denies it fired cleaner-clerk for being a cisgender male

By Nicholas Malfitano |
PHILADELPHIA – A Bucks County-based adult establishment has rejected allegations from its former cleaner and clerk that it discriminated against and fired him, based upon his designation as a cisgender male.

Federal Court

PICC inmate's assault-related civil rights claims partially dismissed without prejudice for second time

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has, for a second time, partially dismissed without prejudice claims from a man incarcerated at the Philadelphia Industrial Correctional Center, who insisted that prison officials ignored the prior conduct of two fellow inmates with a propensity for violent behavior, who attacked the plaintiff with a homemade weapon two summers ago.

Federal Court

Philly police officials deny malicious prosecution allegations in case of man exonerated after 33 years

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia and police officials have denied allegations that they falsified evidence and perjured themselves at trial, in the case of a man who spent 33 years in prison for a murder he didn’t commit before being exonerated.

Federal Court

Hawley resort denied summary judgment, in N.J. educator's personal injury lawsuit

By Nicholas Malfitano |
SCRANTON – A federal magistrate judge has denied a motion for summary judgment from a Hawley resort, which had been accused of negligence by a New Jersey woman who received a severe ankle injury on its premises nearly five years ago.

Federal Court

Judge denies judgment motion from defense in alleged malicious prosecution lawsuit

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has denied a motion for judgment on the pleadings from Chester County and one of its police detectives, paving the way for a malicious prosecution suit against them from a man wrongfully convicted of a home invasion and murder, to continue.

Federal Court

Sesame Place Philadelphia gets partial dismissal of expert testimony, in discrimination suit accusing it of racism

By Nicholas Malfitano |
PHILADELPHIA – SeaWorld’s Sesame Place Philadelphia have received partial dismissal of opposing counsel’s expert witness, in litigation which charged that employees of the park discriminated against the plaintiff’s daughter, a Black child, during a meet-and-greet session with some costumed characters.

Federal Court

Schuylkill County couple suing over AMC movie theater fall agree to $75K damages cap and remand

By Nicholas Malfitano |
SCRANTON – A Schuylkill County couple and AMC Movie Theatres have mutually stipulated that a lawsuit claiming the wife-plaintiff suffered a broken right foot and other injuries, as a result of falling on an obscured hazard in a dimly lit AMC movie theater more than two years ago, would have its damages capped and be remanded to state court.

Federal Court

Phila. says res judicata should dismiss federal case over warrant search for plaintiffs' deceased son

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia has argued for dismissal of litigation alleging the Philadelphia Sheriff’s Department violated the plaintiffs’ civil rights when they conducted a warrant search for their deceased son, on the grounds of res judicata and failure to state claims upon which relief could be granted.

Federal Court

Third Circuit sends privacy class action against Penn Medicine back to state court

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court has ruled that a class action case alleging the University of Pennsylvania Health System violated a Pennsylvania privacy law by installing a Facebook Pixel on its patient portal – allowing the social media company to access personal health information of its users – will be heard in state court.

Federal Court

Federal judge orders case alleging Starbucks coffee scalded plaintiff remanded to state court

By Nicholas Malfitano |
PHILADELPHIA – Due to a lack of diversity of citizenship between the parties, a federal judge has remanded to state court litigation brought by a Northeastern Pennsylvania man, who claimed he received first and second-degree burns from Starbucks-brand coffee which spilled onto his lap.

Federal Court

Judge dismisses lawsuit over man killed on Amtrak train tracks in Northeast Philadelphia

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has dismissed without prejudice litigation from the sister of a man killed by a passing SEPTA train in Northeast Philadelphia nearly two years ago, a suit which contended that the Amtrak train company had a responsibility to construct protective fencing around the tracks it owned, where the incident occurred.

Federal Court

Federal court enters default against Colwyn and police officials, in false arrest and malicious prosecution suit

By Nicholas Malfitano |
PHILADELPHIA – A Delaware County man who alleged that a member of the Colwyn Police Department – after unsuccessfully attempting to sanction him with a trio of motor vehicle tickets – later arrested him on fabricated charges of marijuana possession and disorderly conduct, has received a default judgment.

Federal Court

City of Philadelphia wants to dismiss federal suit over 2022 fatal apartment house fire

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia is seeking to dismiss a federal lawsuit spawning from a fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, for failure to state claims upon which relief could be granted.

Federal Court

Chester County woman settles excessive force suit with Pottstown police officials just before trial

By Nicholas Malfitano |
PHILADELPHIA – A Chester County woman who alleged that she was subjected to excessive force when arrested three-and-a-half years ago at a local hospital by various entities within the Pottstown Police Department, settled her case three weeks before trial.

Federal Court

After deaths of girls blamed on hoverboard battery, judge OKs $38.5M settlement

By Nicholas Malfitano |
ALLENTOWN – A federal judge has signed off on a settlement of $38.5 million in survival and wrongful death litigation surrounding a fatal house fire in Hellertown in April 2022, a fire started by a hoverboard device which allegedly malfunctioned while charging and killed two young girls.

Federal Court

Defendants in case alleging Starbucks coffee scalded plaintiff are fighting remand effort

By Nicholas Malfitano |
PHILADELPHIA – Starbucks Coffee Company and its co-defendants have opposed a motion to remand litigation brought by a Northeastern Pennsylvania man who initially claimed in a Philadelphia state court that he received first and second-degree burns, from Starbucks coffee which spilled onto his lap.

Federal Court

Parents who said difficult delivery at Gettysburg Hospital caused child's neurological damage may want to settle

By Nicholas Malfitano |
HARRISBURG – The parents of an infant who sustained severe neurological damage and claimed that damage was received in the improper delivery of their child by employees of Gettysburg Hospital, may be moving towards a settlement.

Federal Court

Federal court may dismiss case against Colwyn and officials, for lack of default judgment pursuit

By Nicholas Malfitano |
PHILADELPHIA – Litigation from a Delaware County man which alleged that a member of the Colwyn Police Department – after unsuccessfully attempting to sanction him with a trio of motor vehicle tickets – later arrested him on fabricated charges of marijuana possession and disorderly conduct, may be dismissed later this month if the plaintiff does not file for entry of default.

Federal Court

PetSmart customer who said pooled water on the floor caused her to fall settles case

By Nicholas Malfitano |
SCRANTON – A PetSmart shopper and her spouse who alleged the business allowed water to pool on the floor of one of its stores, which allegedly caused the wife-plaintiff to fall and suffer a series of severe knee, hip and back injuries, have settled their case.

Federal Court

Minn. firearms retailer argues class action over its website’s tracking tools lacks proper standing

By Nicholas Malfitano |
PHILADELPHIA – A Minnesota sporting goods retailer is attempting to dismiss class action litigation brought by a Pennsylvania man, arguing that his claims of the retailer’s website engaging in wiretapping and violating gun privacy laws through its use of the Meta Pixel and Listrak online activity devices, lack sufficient standing.