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Nicholas Malfitano News

From Pennsylvania Record

Texas lawmakers say the ALI's insurance law project 'not worthy of recognition by the courts'

By Nicholas Malfitano | Mar 18, 2019

AUSTIN, Texas – In response to the controversial passage of the American Law Institute’s Restatement of the Law of Liability Insurance last year, legislation has recently been filed by Texas lawmakers to discourage its being relied upon by courts.

From Pennsylvania Record

Talc defendant had hoped to challenge jurisdictional rules in Pennsylvania, but just went bankrupt

By Nicholas Malfitano | Feb 25, 2019

PITTSBURGH – The outcome of an appeal questioning Pennsylvania's jurisdictional rules is uncertain, as lawsuits alleging talcum powder causes cancer face question marks after one of the main defendants, Imerys Talc America, filed for Chapter 11 bankruptcy protection last week.

From Pennsylvania Record

'That can't be right': Group defending disputed insurance law project gets judges involved

By Nicholas Malfitano | Feb 21, 2019

PHILADELPHIA – It's curious that a group of lawyers and scholars that traditionally sought to help judges by restating existing laws - but has since been accused of trying to create its own - is involving federal judges as it explains itself, attorneys feel.

From Pennsylvania Record

American Law Institute hits the road to explain controversial Restatement; It has been called 'litigation fuel'

By Nicholas Malfitano | Feb 13, 2019

PHILADELPHIA – After passing a controversial Restatement of the Law of Liability Insurance at its annual convention last May, the American Law Institute is convening events across the country discussing the document in further detail.

From Pennsylvania Record

No jackpot in first Philadelphia talc trial; Judge rules plaintiff has no evidence

By Nicholas Malfitano | Feb 9, 2019

PHILADELPHIA – Companies facing million-dollar lawsuits in Philadelphia can celebrate today, as what would have been the first talc-related asbestos trial held in the city has seen a judge cut off the plaintiff’s case before it could ever get to a jury.

From Pennsylvania Record

Groups don't want Pa. Supreme Court to create Fair Share Act exception for asbestos lawsuits

By Nicholas Malfitano | Dec 10, 2018

HARRISBURG – Business and legal reform groups are calling on the state Supreme Court to uphold a specific application of a law that governs how defendants split the check when a plaintiff verdict comes in - opposing a so-called "carve-out" that would keep the law from applying to asbestos cases..

From Pennsylvania Record

Pittsburgh lawsuit against Catholic Church doesn't seek money for victims, wants admission of sexual abuse cover-up

By Nicholas Malfitano | Oct 31, 2018

PITTSBURGH – As the aftermath of the Pennsylvania Attorney General’s Office’s grand jury report into child sexual abuse committed statewide by members of the Roman Catholic Church continues, alleged victims have taken to suing the Church.

From Pennsylvania Record

Judge rejects ALI's controversial Restatement of the Law of Liability Insurance theory

By Nicholas Malfitano | Oct 15, 2018

TOPEKA, Kansas – A recent decision reached in a federal court pertaining to breach of contract and bad faith claims in a fatal auto accident case rejects a theory from the American Law Institute’s Restatement of the Law of Liability Insurance, and its recommendations for insurer liability for defense counsel conduct as “premature.”

From Pennsylvania Record

'A tipping point:' Punitive damages question to be decided in pair of Philadelphia Risperdal cases

By Nicholas Malfitano | Sep 21, 2018

PHILADELPHIA – A Philadelphia judge’s decree has paved the way for new trials in two Risperdal cases, in order to determine the applicability of punitive damages in those same actions.

From Pennsylvania Record

Philadelphia's appeal to plaintiffs crosses borders; 41 Dominicans file pesticide lawsuit there

By Nicholas Malfitano | Sep 5, 2018

PHILADELPHIA – Americans from all over the country have traditionally flocked to Philadelphia courts, to the point their plaintiff-friendly reputation has resulted in a “Judicial Hellhole" designation, and now plaintiffs are coming from other countries to seek their day in court.

From Pennsylvania Record

Ohio lawmakers send first-of-its-kind rejection to powerful legal group

By Nicholas Malfitano | Aug 3, 2018

COLUMBUS, OHIO – Through a bill signed into law by Gov. John Kasich on Tuesday, the State of Ohio has legislatively opposed the American Law Institute’s long-debated and recently-passed Restatement of the Law of Liability Insurance wholesale, an unprecedented development in the 95-year history of the ALI.

From Pennsylvania Record

In Philadelphia, only 16% of new pharma cases are from Pennsylvania residents

By Nicholas Malfitano | Jul 27, 2018

PHILADELPHIA – A notable 2017 U.S. Supreme Court decision intended to limit the practice of forum-shopping has not deterred thousands of plaintiffs from filing pharmaceutical litigation in Philadelphia courts, recently-released statistics show.

From Pennsylvania Record

Even after eight years, criticisms of American Law Institute's insurance project remain

By Nicholas Malfitano | May 24, 2018

WASHINGTON – Not everyone is as excited as those who drafted new guidance for judges about its passage.

From Pennsylvania Record

New guidance for judges handling insurance issues finally passes after resistance

By Nicholas Malfitano | May 23, 2018

WASHINGTON – New guidance for judges handling insurance issues finally passes after resistance

From Pennsylvania Record

Dispute between former NFL player and concussion-litigation funder might not make it to arbitration

By Nicholas Malfitano | May 15, 2018

PHILADELPHIA – A ruling from a federal judge in Pennsylvania remains pending on whether or not compulsory arbitration will be permanently prohibited, in the case of a litigation funder that pursued financial recovery against a former National Football League player who allegedly failed to repay it a loan.

From Pennsylvania Record

Lawmakers group discusses controversial liability insurance restatement; Parts of project called 'litigation fuel'

By Nicholas Malfitano | May 7, 2018

MANASQUAN, N.J. – Mere weeks away from the American Law Institute’s Annual Meeting in Washington D.C., where the group’s proposed Restatement of the Law of Liability Insurance will once again be up for approval, speakers invited by the National Council of Insurance Legislators (NCOIL) voiced their thoughts on the proposal in a recent teleconference call.

From Pennsylvania Record

NFL alleges widespread fraud by unnamed plaintiffs lawyers, doctors in concussion settlement; Special investigator appropriate, class counsel says

By Nicholas Malfitano | Apr 30, 2018

PHILADELPHIA – If the National Football League has their way, sanctions will be issued and a special investigator will be appointed to the NFL’s $1 billion Concussion Settlement program, as the league alleges an independent claims administrator determined that 23 percent of the claims submitted to it were fraudulent.

From Pennsylvania Record

Pennsylvania second in the country for mesothelioma filings, up 32% from 2016

By Nicholas Malfitano | Mar 27, 2018

WASHINGTON – According to a report compiled by a Washington, D.C.-based consulting firm that covers mass tort and product liability litigation, Pennsylvania ranks a stark second nationwide in asbestos lawsuits filed by plaintiffs allegedly suffering from mesothelioma.

Controversial class action settlement changed after intervention from AGs, DOJ and CCAF

By Nicholas Malfitano | Mar 20, 2018

CAMDEN, N.J. (Legal Newsline) – Representatives for the Department of Justice and a group of state attorneys general showed up to a New Jersey courtroom March 19 to voice concerns with a controversial class action settlement that initially paid plaintiffs attorneys $1.7 million while providing $2 per bottle-sold coupons to class members.

From Pennsylvania Record

Federal judge rules 1,200 Xarelto lawsuits will be removed from MDL for disposition in separate trials

By Nicholas Malfitano | Mar 13, 2018

NEW ORLEANS – A federal judge has ruled that 1,200 product liability lawsuits filed against the manufacturers of anti-coagulant drug Xarelto will soon be removed from their multi-district litigation (MDL) status, for resolution in separate jury trials.

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