HARRISBURG – According to a new ruling from the Supreme Court of Pennsylvania, the state’s Fair Share Act is not supposed to apply strict liability lawsuits such as asbestos cases, so verdicts will be evenly divided among multiple defendants rather than split according to the percentage each defendant is found liable.
WASHINGTON – The U.S. Supreme Court has concurred with the U.S. Court of Appeals for the Third Circuit in ruling that abiding by state and federal design standards for aircraft components without federal pre-emption is permissible.
PHILADELPHIA – After a Philadelphia jury rendered a staggering $8 billion punitive damages verdict at the end of a recent trial surrounding anti-psychotic drug Risperdal in October, the judge who presided over the trial reduced the verdict to $6.8 million on Friday.
PENSACOLA, Fla. – A federal judge recently dismissed 77 cases from plaintiffs who sued both Bristol Myers-Squibb and Otsuka Pharmaceutical in connection with prescription medication Abilify this past October – after multiple plaintiffs were already dismissed from the suit earlier last year for defying court orders and failing to provide basic information about their claims.
PHILADELPHIA – After a dismissal at the district court level, Sherwin-Williams is taking its argument against an alliance of government officials and private lawyers who are considering suing the company over lead paint to the U.S. Court of Appeals for the Third Circuit.
WASHINGTON – According to an amici brief filed by the Solicitor General with the U.S. Supreme Court, design standards for aircraft engines are the exclusive purview of the federal government and not applicable state law – a counter-argument to a U.S. Court of Appeals for the Third Circuit ruling which said such pre-emption was not required.
WASHINGTON – In an annual report of “Judicial Hellholes” released today by the American Tort Reform Association, Philadelphia has claimed the No. 1 ranking – in part due to a historic $8 billion punitive damages verdict rendered this year in litigation connected to Johnson & Johnson’s anti-psychotic drug Risperdal.
PHILADELPHIA – The Superior Court of Pennsylvania has both upheld a $70 million compensatory damages award given to a Tennessee plaintiff in a case tied to the anti-psychotic drug Risperdal, and set the stage for another fight on punitive damages against Johnson & Johnson – which recently yielded a historic $8 billion verdict in a Philadelphia courtroom, in another action.
PHILADELPHIA – In an unprecedented conclusion to the first-ever punitive damages trial tied to Risperdal, a 12-person jury found Johnson & Johnson and its subsidiary Janssen Pharmaceuticals liable for allegedly knowing and consciously disregarding the potential of the drug to cause gynecomastia to patients like plaintiff Nicholas Murray, and rendered a staggering verdict of $8 billion.
HARRISBURG – Pennsylvania Attorney General Josh Shapiro wants to supplement regulations which are part of a state consumer protection law, but law scholars and business groups are concerned that he is trying to create a state anti-trust statute in doing so.
PHILADELPHIA – On Monday, a new punitive damages trial will begin in a Philadelphia courtroom for a case involving anti-psychotic drug Risperdal that initially ended with a $1 million-plus plaintiff verdict in 2015, in a jurisdiction with a history of high-dollar results.
HARRISBURG – The Pennsylvania Attorney General’s Office is proposing to amend the rule standards contained in the Unfair Trade Practices and Consumer Protection Law, an action it claims is necessary but which some observers say is happening without legislative input.
TRENTON, N.J. – The fate of about 12,000 lawsuits claiming Johnson & Johnson’s talc-containing baby powder causes women to develop both ovarian cancer and mesothelioma, will be decided after eight days of expert witness testimony in a New Jersey federal court.
HARRISBURG – The Superior Court of Pennsylvania has reinstated a Risperdal lawsuit which was thrown out after 11 days of trial proceedings in a Philadelphia court in December 2016 and said its original granting of nonsuit was improper.
WASHINGTON – Is the American Law Institute remaining true to its mission of restating law to produce accurate advisory guidelines for courts to decide cases in various aspects of law, or is it straying into territory apart from that mission?
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.
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.
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.
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.
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.