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PENNSYLVANIA RECORD

Friday, March 29, 2024

Latest News


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.

Federal Court

Pa. man who alleged his iPhone exploded and seriously burned him settles his claims

By Nicholas Malfitano |
PITTSBURGH – A Western Pennsylvania man who accused Apple and Verizon of committing negligence and product liability defects, when an iPhone 6s Plus smartphone allegedly exploded and seriously injured him – has settled his claims.

Federal Court

Defendants dismissed from litigation alleging excessive force at Curran-Fromhold Correctional Facility

By Nicholas Malfitano |
PHILADELPHIA – Several government and corrections defendants have been dismissed from litigation which alleged law enforcement officials used excessive force on an incarcerated man.

Federal Court

Nonprofit group who said Federal Highway Administration violated National Environmental Policy Act wants summary judgment

By Nicholas Malfitano |
HARRISBURG – An environmental nonprofit group has motioned for summary judgment in its case against a component of the U.S. Department of Transportation and its chief, over claims that the highway agency failed to conduct environmental impact reports for a proposed highway extension, as required by the National Environmental Policy Act.

Federal Court

Estate of man killed by passing vehicle maintains Marple Township police officers were responsible

By Nicholas Malfitano |
PHILADELPHIA – The estate of a man left at a bus stop while in an intoxicated state by Marple Township police officers and killed by a passing vehicle shortly thereafter more than two years ago, has reiterated claims that the Township, its Police Department and a plethora of officers the plaintiff believes are responsible for the man’s death.

Federal Court

Federal judge rejects dismissal motion from Taiwanese group named in Pa. doctor's bike crash suit

By Nicholas Malfitano |
PHILADELPHIA – A federal judge has denied a motion to dismiss from a Taiwanese company named in an injury lawsuit brought by a local ophthalmologist, who suffered a tear of his left triceps tendon and other injuries when his bicycle’s coaster brake allegedly failed and he crashed on a roadway.

Federal Court

Parents who alleged their home was stormed by Philly deputies, say res judicata does not apply

By Nicholas Malfitano |
PHILADELPHIA – Parent plaintiffs who claimed multiple officers from the Philadelphia Sheriff’s Department violated their civil rights when they executed a search warrant at their home in an attempt to find the plaintiffs’ son, who had been murdered five months before the search took place, have countered arguments from the City of Philadelphia that res judicata should bar their case.

Federal Court

Third Circuit upholds terrorism sentencing enhancement for ISIS-affiliated potential church bomber

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a terrorism-based sentencing enhancement, in the criminal case of an ISIS supporter who was arrested in June 2019 for planning to bomb a Nigerian-American church in Pittsburgh.