Nicholas Malfitano News
No response to summary judgment motion leads federal judge to dismiss discrimination claims
ALLENTOWN – After not responding to a prior summary judgment motion from the defense, a federal magistrate judge has dismissed claims from a Philadelphia law firm’s former office manager, a plaintiff of Hispanic origin who alleged that she and a fellow co-worker were discriminated against during their tenure because of their ethnic background.
Bike company denies liability for Pittsburgh man's fall-related injuries suffered in 2022
PITTSBURGH – A bicycle company has denied allegations of negligence and liability for the numerous bodily injuries a Pittsburgh man says he sustained, during a pair of falls off the bike he was riding in 2022.
Adams County man says DCNR refused to accommodate his asthma and other conditions, then fired him
HARRISBURG – An Adams County man formerly employed by the Commonwealth’s Department of Conservation and Natural Resources, says he was discriminated against for his asthma and mental health conditions and later fired, without his union coming to his aid.
Johnstown man says wire drawing machine part dislodged and severely injured him
PITTSBURGH – A Western Pennsylvania man claims he suffered a traumatic brain injury and multiple facial fractures, when a component of the defendant’s wire drawing machine unexpectedly dislodged and struck him.
Judge grants Lycoming County corrections officials extension to answer wrongful death complaint
WILLIAMSPORT – A federal judge has dismissed official capacity claims against corrections officials and granted an extension for the defense to answer a civil complaint, alleging those officials and support staff at Lycoming County Prison allowed a man’s diabetic condition to worsen until he died in custody.
Construction worker says company's failure to shut off gas line caused McKeesport explosion
PITTSBURGH – A man helping to construct a handicap-accessible ramp on a job site says negligence on the part of multiple defendants in failing to shut off a gas line while performing excavation work, caused an explosion which severely injured him.
Lawsuit: Surgical screw implanted in woman's lumbar spine during fusion surgery has fractured
PITTSBURGH – A Western Pennsylvania woman claims that a metallic surgical screw manufactured by a Michigan company and implanted in her lumbar vertebrae during spinal fusion surgery, has fractured and cannot safely be removed.
Lancaster County seeks dismissal from wrongful death suit concerning man who died by suicide in custody
ALLENTOWN – Lancaster County is attempting to have itself be dismissed from wrongful death litigation brought by the estate of an inmate who died by suicide in custody in the County, while suffering from withdrawal symptoms.
Suit: Daycare's negligence led to plaintiff's son falling off table and cutting his eye
PITTSBURGH – The parent of a toddler-aged son alleges that the daycare facility she entrusted to care for her son was negligent in their duties, resulting in her son falling and sustaining a facial laceration to his left eye.
Ophthalmologist's injury case against bike manufacturer and others sent to N.J. federal court
PHILADELPHIA – A judge has transferred 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, to a New Jersey federal court.
Moms of kid allegedly sexually assaulted at York elementary school say they did not make false report
YORK – The mothers of a minor child who they alleged had suffered a sexual assault at the hands of an older student in the restroom of his elementary school stand by their claims and reject an argument from York School District that they had made a false report that hindered the resulting investigation.
Pa. State Trooper named in wrongful death suit moves for stay, until Philly DA's Office wraps up investigation
PHILADELPHIA – Counsel for a Pennsylvania State Trooper who shot and killed an 18-year-old man near a street race on Interstate-95 in Philadelphia last year say the subsequent wrongful death civil lawsuit brought by the decedent’s parents and friends should be stayed, during the pendency of the Philadelphia District Attorney’s Office’s investigation into potential criminal charges.
Judge rules no default judgment in Bradford County father's wrongful death suit against unknown Pa. State Troopers
WILLIAMSPORT – A federal judge has refused to issue a default judgment in a case brought by a Bradford County father who witnessed his 15-year-old son being shot and killed by three unknown Pennsylvania State Police troopers last year, and then sued the unknown troopers for what he argues was his son’s wrongful death.
School district paying $50K to settle lawsuit from girl with asthma who couldn't wear mask during pandemic
ERIE – A father who alleged his daughter faced discrimination and retaliation from the Avonworth School District for her asthma preventing her from being able to adhere to mandatory masking during the COVID-19 pandemic, has motioned to settle his claims for $50,000.
Philadelphia police lieutenant says complying with COVID-19 policy lost him overtime assignments
PHILADELPHIA – A Philadelphia police lieutenant claims that after he contracted COVID-19, recovered and returned to work, his superiors unofficially revoked his eligibility for overtime assignments in retaliation for his absence from duty to recover from the virus – despite such an absence complying with department policy.
Violent altercation on scene of Hanover pet resort leads to second civil lawsuit
HARRISBURG – An altercation which escalated to gunshots and criminal charges against the alleged assailant being dropped during his trial has now led to a civil lawsuit in a Pennsylvania federal court against the Northern York County Regional Police Department and Heidelberg Township, not long after a separate suit surrounding the same events was brought in York County court.
West Homestead and its police department says injured bystanders' claims are not legally supported
PITTSBURGH – West Homestead Borough, its police department and the department chief have countered claims from a pair of motorists who allegedly received serious and extensive injuries – when their vehicle collided with another car driven by a suspect being pursued by members of the West Homestead Police Department – by arguing that those same claims are not properly supported.
Plaintiff drops class action case against U.S. Steel that alleged it violated Pa. Minimum Wage Act
PITTSBURGH – A class action complaint that 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, has been voluntarily dismissed.
Complaint alleges cash advance app Klover levies illegally high interest rates on its users
PITTSBURGH – An Illinois technology company has removed a class action lawsuit brought against it – alleging an app it created which provides its users with cash advances, also levies illegally-high interest rates for the convenience – to federal court, citing legal jurisdiction and diversity of citizenship between the parties.
Pitt dental resident says he was falsely accused of rape and later dismissed from program
PITTSBURGH – A dental resident at the University of Pittsburgh claims that he was falsely accused of a rape by a fellow medical resident and as a result, later suspended and dismissed from the program altogether.