Nicholas Malfitano News

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.

From Pennsylvania Record

NYU Law sending free help to 10 Dem AGs for environmental causes; Marcellus Shale group 'alarmed' at message

By Nicholas Malfitano | Mar 6, 2018

NEW YORK – Democratic state attorneys general, like Pennsylvania's Josh Shapiro, are getting free help from New York University School of Law to bolster their environmental causes, though a Commonwealth business advocacy group worries this results in important work being outsourced to an out-of-state entity.

From Pennsylvania Record

Parents of preteen Trump supporter sue Newsweek Magazine for defamation

By Nicholas Malfitano | Feb 27, 2018

PHILADELPHIA – The parents of an avid 12-year-old supporter of President Donald Trump have launched a defamation lawsuit against Newsweek Magazine, for labeling him as a “Trump Mini-Me” and as part of a sinister plot by the political alt-right in “defending raw racism and sexual abuse.”

From Pennsylvania Record

A possible financial boost awaits thousands of out-of-state plaintiffs in Philadelphia

By Nicholas Malfitano | Feb 17, 2018

PHILADELPHIA – Though a recent Superior Court ruling has livened plaintiff attorneys as to the potential of winning punitive damages in Philadelphia's packed Risperdal program, one lawyer is cautioning against “banking” on such a possibility.

From Pennsylvania Record

U.S. Supreme Court denies Pennsylvania GOP's request to consider congressional redistricting

By Nicholas Malfitano | Feb 6, 2018

WASHINGTON, D.C. – The U.S. Supreme Court has an answer for Pennsylvania Republicans who wanted the judiciary to examine the constitutionality of the Supreme Court of Pennsylvania’s decision to redraw its congressional districting map: “No.”

From Pennsylvania Record

On day Philadelphia's 'Hellhole' status debated, jury hands first win to a Xarelto plaintiff - a whopping $28M

By Nicholas Malfitano | Dec 7, 2017

PHILADELPHIA – The very day that a national report is issued naming the Philadelphia County Court of Common Pleas as a “Judicial Hellhole” where civil lawsuits are handled unfairly against businesses, the first win for plaintiffs in Xarelto litigation is secured with a near-$28 million verdict.

Ariz. AG: 'Shakedown' lawsuits against small businesses about money, not helping disabled

By Nicholas Malfitano | Jul 25, 2017

PHOENIX – The attorney general of Arizona recently termed a 150 percent increase nationwide in legal filings connected to alleged violations of the Americans with Disabilities Act (ADA) since 2013 as “a serious, growing issue” that he believes is more about plaintiff attorneys getting rich than the common good.

Visually impaired plaintiff says online glasses retailer's website violates ADA; Legal reform group says lawyers only after money

By Nicholas Malfitano | Jul 3, 2017

NEW YORK – A prospective federal class-action lawsuit filed in New York City last week claims a retailer of online glasses violated both the Americans with Disabilities Act (ADA) and New York laws by not providing proper website access for the visually-impaired.

Panel explores overlapping criminal enforcement actions against companies and how penalties are determined

By Nicholas Malfitano | Jun 20, 2017

NEW YORK (Legal Newsline) – Insight into the process of crafting of financial penalties for companies alleged to have engaged in corporate misconduct was a prominent topic of discussion in a recent seminar held June 7.

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