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PENNSYLVANIA RECORD

Monday, May 6, 2024

Latest News


Federal Court

Delaware County corrections guard union alleges County and officials targeted and terminated its members

By Nicholas Malfitano |
PHILADELPHIA – More than a dozen members of an independent union of corrections guards in Delaware County contend they were terminated without cause or due process after the County resumed control of their workplace, George W. Hill Correctional Facility, in 2022 and tried to disband their union.

Federal Court

Northumberland County looks to dismiss wrongful death suit, after stillborn death of plaintiffs’ daughter

By Nicholas Malfitano |
WILLIAMSPORT – Northumberland County, its government and medical first responders have motioned to dismiss a wrongful death lawsuit from a local couple, which alleged that collective negligence on their parts led to a delayed response in receiving emergency medical care, and their daughter’s subsequent stillborn condition and death.

Federal Court

Case of man exonerated after 27 years in prison for murder and who later passed away, is taken up by his estate

By Nicholas Malfitano |
PHILADELPHIA – Though a man who spent more than 27 years, wrongly incarcerated and who filed a civil suit against the City of Philadelphia and various officers involved in his arrest and prosecution has passed away, his estate has taken up the banner for his case to continue.

Federal Court

Mother who alleged police officer distributed photos of her son’s suicide rejects City’s dismissal motion

By Nicholas Malfitano |
PHILADELPHIA – The mother of a man who died by suicide during a mental health episode two years ago has opposed efforts from the City of Philadelphia to dismiss her litigation, which alleged an unidentified local police officer photographed her son’s lifeless body and distributed it online.

Federal Court

Alabama paper supply company seeking dismissal of postal worker’s chemical burn injury suit

By Nicholas Malfitano |
PITTSBURGH – An Alabama paper supply company is seeking to dismiss litigation which alleged the plaintiff suffered third-degree chemical burns when a drain cleaner product being sent through the mail leaked through its thin packaging and made contact with her body.

Federal Court

Lehigh Township and its Chief of Police settle former officer's claims of sexual harassment for $1.75M

By Nicholas Malfitano |
ALLENTOWN – Lehigh Township and its Chief of Police have settled litigation from a female former officer of the Lehigh Township Police Department for $1.75 million – litigation which alleged that, over a five-year period, the Chief of Police targeted her for sexual harassment, discrimination and abuse, creating what she called a “hostile, toxic and intolerable work environment” that led to her resignation.

Federal Court

Third Circuit says undated mail-in ballots may be thrown out, overturns Pa. lower court ruling

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court ruling which had decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania, after the Republican Party’s state and national wings appealed the initial ruling – a decision likely to head to the U.S. Supreme Court on appeal and have tremendous import in November’s presidential election, which will once again see the Keystone State as a battleground.

Federal Court

Judge suggests dismissal for N.J. man who alleged Pa. authorities sabotaged his pro boxing event

By Nicholas Malfitano |
HARRISBURG – A New Jersey man who launched legal action against the Pennsylvania State Athletic Commission and its personnel – alleging they conspired against him to prevent him from holding a professional boxing card in Harrisburg – may have his case dismissed, according to a federal magistrate judge’s recommendation.

Federal Court

Plaintiffs in class action wage dispute case against U.S. Steel seek remand to state court

By Nicholas Malfitano |
PITTSBURGH – Counsel behind a class action complaint which alleged U.S. Steel violated the Pennsylvania Minimum Wage Act (PMWA) by not paying employees for the time they spent showering and walking to their worksites, among other pre- and post-work activities, is opposing the suit’s removal to federal court and seeking it to be remanded to the Allegheny County Court of Common Pleas.

Federal Court

Judge who declared Educator Discipline Act unconstitutional awards plaintiff $36K in legal fees

By Nicholas Malfitano |
PHILADELPHIA – A federal judge who ruled that a Bucks County man would be granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – also awarded more than $36,000 in legal fees from the Bucks County District Attorney to the plaintiff.

Federal Court

Colwyn Borough set to defend itself from malicious prosecution suit, after default was set aside

By Nicholas Malfitano |
PHILADELPHIA – The Borough of Colwyn is ready to defend itself from litigation brought by 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.

Federal Court

Delco homeowner and insurer who claimed Amazon sold pest repellent that caused fire end case

By Nicholas Malfitano |
PHILADELPHIA – A Delaware County homeowner and his insurance company who alleged that his residence sustained significant fire damage after use of a pest repellent which he ordered from Amazon.com, have ended their case.

Federal Court

Eddystone and police officer look to dismiss excessive force suit from brother of YouTube vlogger

By Nicholas Malfitano |
PHILADELPHIA – The Borough of Eddystone and a police officer are seeking to dismiss excessive force litigation from the brother of a YouTube video blogger, who had alleged the defendants approached his vehicle with guns drawn, initiated a high-speed chase, and collided with his vehicle resulting in an accident and injury.

Federal Court

Judge will not reconsider dismissing defamation count against Gov. Shapiro, in man's malicious prosecution suit

By Nicholas Malfitano |
SCRANTON – A federal judge has denied a motion for reconsideration regarding the dismissal of a defamation count, in litigation from a man who alleged former Attorney General (and now, Governor) Josh Shapiro breached an agreement of non-prosecution with him.

Federal Court

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.

Federal Court

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.

Federal Court

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.

Federal Court

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.

Federal Court

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.

Federal Court

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.