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Nicholas Malfitano News

From Pennsylvania Record

Latest project from American Law Institute 'an abandonment of important principles,' 23 state AGs feel

By Nicholas Malfitano | May 20, 2019

WASHINGTON – The attorneys general of 23 states, led by the State of New York, have sent a letter to the American Law Institute (ALI) opposing a proposed Restatement of Consumer Contract Law, set to be voted on at the ALI’s annual meeting this week.

From Pennsylvania Record

Money piles up for serial TCPA lawsuit-filer from King of Prussia; This week's trial looks like a win

By Nicholas Malfitano | May 2, 2019

PHILADELPHIA – The Telephone Consumer Protection Act: Enacted in 1991, its purpose is to protect the public from unwanted telemarketing calls. However, for some professional plaintiffs, it has also proven to be a source of serial litigation generating settlement payoffs.

From Pennsylvania Record

Legal observers say ALI's pending Copyright Law Restatement encroaches on federal decision-making territory

By Nicholas Malfitano | Apr 24, 2019

PHILADELPHIA – The American Law Institute’s pending Restatement of the Law, Copyright has some law scholars questioning its compilation, merits and intentions as to its given subject, while the ALI stands by the integrity of its Restatement-drafting process.

From Pennsylvania Record

Sherwin-Williams says private lawyers hired by Pa. counties want money, not justice

By Nicholas Malfitano | Apr 11, 2019

PHILADELPHIA – Sherwin-Williams says a public nuisance lawsuit over lead paint by Delaware County has been tainted by the county’s attorneys having a financial stake in its outcome, and should be dismissed for violating its due process rights.

From Pennsylvania Record

Another state rejects ALI's controversial insurance Restatement; North Dakota joins Ohio as other states mull similar moves

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – State opposition to the American Law Institute’s Restatement of the Law of Liability Insurance continues to accumulate, as North Dakota recently passed a law striking down the document and Arkansas introduced similar legislation in its state senate.

From Pennsylvania Record

Xarelto litigation resolved with $775M global settlement; Louisiana federal court, Philadelphia's CLC handled most cases

By Nicholas Malfitano | Mar 26, 2019

PHILADELPHIA – Though juries had sided with defendants in early trials, more than 27,000 federal and state court lawsuits nationwide surrounding blood-thinner Xarelto have culminated in a global settlement of $775 million with its makers admitting no liability.

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

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