Nicholas Malfitano News
State law keeps controversial S.C. asbestos judge on bench after judicial retirement age of 72
COLUMBIA, S.C. (Legal Newsline) – A South Carolina Bar official points to a statute in the state’s Code of Laws explaining that retired judges or justices may preside in certain courts – even after reaching the mandatory retirement age of 72 – as the reason for Judge Jean Hoefer Toal’s present, part-time service on the bench at the age of 81.
J&J asks for $63M jury verdict in S.C. talc case to be set aside, or a new trial
COLUMBIA, S.C. (Legal Newsline) – Johnson & Johnson is seeking judgment notwithstanding the verdict or a new trial outright, in the case of a man who won a $63 million verdict against it for talc-related asbestos exposure claims – claims which the company says were not properly substantiated at trial and erroneously allowed to proceed.
J&J's talc plan gains supporter, which gets him sued by Beasley Allen
NEW BRUNSWICK, N.J. (Legal Newsline) – After Johnson & Johnson made an offer to increase its settlement proposal by $1 billion to plaintiffs claiming its cosmetic talcum powder gave them cancer, the offer garnered the support of one member of plaintiff counsel who had previously rejected such proposals.
San Francisco attorneys say World Health Organization alcohol consumption guidelines may set up litigation comparable to that against Big Tobacco
SAN FRANCISCO (Legal Newsline) – A pair of attorneys have suggested that recently-issued guidelines from the World Health Organization (WHO) concerning alcohol consumption may one day set up litigation similar to that which the tobacco industry faced decades ago.
Energy Transfer has no plans to end case against Greenpeace over pipeline protests
DALLAS (Legal Newsline) – The lead partner in the Dakota Access Pipeline won't give up on a lawsuit against Greenpeace over violent protests, announcing recently that it will “stand in opposition to [Greenpeace]’s repeated attempts to avoid accountability for breaking the law.”
DOJ files amended complaint in antitrust suit versus Ticketmaster-Live Nation: 40 states now involved
An antitrust legal action brought by the United States Department of Justice and the attorneys general of now 40 states against Live Nation Entertainment, Inc. and its subsidiary Ticketmaster – charging that the companies have created an anticompetitive environment in the live entertainment marketplace – has an amended filing with updated charges, and seeks triple damages under federal anti-monopoly statutes.
Ebony Twilley Martin out as executive director of Greenpeace USA, while new interim leadership helms group amid Energy Transfer lawsuit
A pair of temporary leaders are currently helming Greenpeace USA, after its now-former executive director Ebony Twilley Martin recently departed the organization under circumstances that have yet to be made fully clear.
Sheetz takes on EEOC's allegations that background checks are racist
BALTIMORE – Pennsylvania-based convenience store chain Sheetz is looking to dismiss or transfer litigation from the Equal Employment Opportunity Commission, which charges that the criminal background check in the store’s hiring process has discriminated against job applicants of Black, American Indian/Alaska Native and/or multiracial origin.
Arizona Legislature sues Environmental Protection Agency over new rules pushing switch to electric vehicles
The Arizona Legislature has filed suit against the Environmental Protection Agency, after the group issued pollution emissions standards for heavy-duty vehicles that will require a speedy, costly transition to electric-powered vehicles and potentially tax the state’s power grid.
Sheetz's refusal to hire some criminals makes it racist, EEOC says
BALTIMORE – The United States Equal Employment Opportunity Commission has sued Pennsylvania-based convenience store chain Sheetz, charging that the criminal background check in its hiring process has discriminated against job applicants of Black, American Indian/Alaska Native and/or multiracial origin.
Court: State AG can resolve opioid and other consumer protection suits, DA's can't
HARRISBURG – The Pennsylvania Attorney General’s Office has the ultimate authority in resolving litigation brought under the Unfair Trade Practices and Consumer Protection Law and not the district attorneys of Philadelphia and Allegheny counties, per a first impression ruling from the Commonwealth Court.
Philadelphia jury hands down $2.2B verdict in third Roundup trial, the largest ever for that product
PHILADELPHIA – The manufacturers of weed killer Roundup have lost a third trial in Philadelphia and were hit with its largest-ever verdict at a whopping cost of $2.25 billion, not long after local juries handed down a $175 million verdict award to plaintiffs in the first case and a $3.5 million award in the second.
Phila. Roundup verdict is $3.5M; Monsanto claimed bias by trial judge
PHILADELPHIA – The manufacturers of weedkiller Roundup are facing a second loss at trial in Philadelphia to the tune of $3.5 million, just weeks after another local jury handed down a $175 million verdict award to plaintiffs in the first case in a series of trials.
Pa. courts tie for No. 1 ranking on annual 'Judicial Hellholes' report list
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have tied with Georgia for the No. 1 ranking for jurisdictions considered unfriendly to businesses.
Class action claiming Walmart improperly weighted and priced items is settled
TAMPA, Fla. (Legal Newsline) – A class action brought against Walmart in a Florida federal court which alleged products sold by the retail giant are weighted and priced improperly, looks to be settled for $45 million.
PRIME Energy Drink companies say plaintiff disregarded warning labels before her son drank its product
LOUISVILLE, Ky. (Legal Newsline) – Two Louisville-based companies which produce and market PRIME Energy Drink are seeking to dismiss class action litigation brought by a California woman whose 10-year-old son consumed the product and allegedly suffered adverse health effects.
Bioenergy group says Hawaiian Electric has cornered island market, wants to amend antitrust suit
HONOLULU (Legal Newsline) – A bio-renewable energy group is seeking to amend and supplement resurrected antitrust litigation against Hawaiian Electric, arguing that its continued anti-competitive conduct is tantamount to “high-handed, monopolistic dominance” that has secured more than 90% of Hawaii’s power generation market.
Court reinstates $940K verdict against cab company sued by Good Samaritan injured in assault
DENVER (Legal Newsline) – The Supreme Court of Colorado has affirmed a jury’s decision that a taxi cab company owed $940,000 to a man who attempted to stop an assault perpetrated on one of its drivers, only to be run over with the cab by the assailant.
Disabled golfer loses quest to park cart anywhere he wants on course
SANTA ANA, CALIF. (Legal Newsline) – A panel trio of justices from the California State Court of Appeal’s Fourth District have upheld a lower court ruling that the owners of a San Juan Capistrano-based country club did not discriminate against a golfer with a medical disability.
N.Y. class action against Coca-Cola over rewards points is moved to arbitration
BUFFALO, N.Y. (Legal Newsline) – A federal judge has stayed class action litigation against The Coca-Cola Company pending the completion of arbitration, in a case that alleged the company unfairly redirected its reward points towards charitable causes.