Nicholas Malfitano News
Legal observers say ALI's pending Copyright Law Restatement encroaches on federal decision-making territory
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.
Sherwin-Williams says private lawyers hired by Pa. counties want money, not justice
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.
Another state rejects ALI's controversial insurance Restatement; North Dakota joins Ohio as other states mull similar moves
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.
Xarelto litigation resolved with $775M global settlement; Louisiana federal court, Philadelphia's CLC handled most cases
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.
Texas lawmakers say the ALI's insurance law project 'not worthy of recognition by the courts'
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.
Talc defendant had hoped to challenge jurisdictional rules in Pennsylvania, but just went bankrupt
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.
'That can't be right': Group defending disputed insurance law project gets judges involved
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.
American Law Institute hits the road to explain controversial Restatement; It has been called 'litigation fuel'
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.
No jackpot in first Philadelphia talc trial; Judge rules plaintiff has no evidence
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.
Groups don't want Pa. Supreme Court to create Fair Share Act exception for asbestos lawsuits
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..
Pittsburgh lawsuit against Catholic Church doesn't seek money for victims, wants admission of sexual abuse cover-up
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.
Judge rejects ALI's controversial Restatement of the Law of Liability Insurance theory
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.”
'A tipping point:' Punitive damages question to be decided in pair of Philadelphia Risperdal cases
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.
Philadelphia's appeal to plaintiffs crosses borders; 41 Dominicans file pesticide lawsuit there
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.
Ohio lawmakers send first-of-its-kind rejection to powerful legal group
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.
In Philadelphia, only 16% of new pharma cases are from Pennsylvania residents
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.
Even after eight years, criticisms of American Law Institute's insurance project remain
WASHINGTON – Not everyone is as excited as those who drafted new guidance for judges about its passage.
New guidance for judges handling insurance issues finally passes after resistance
WASHINGTON – New guidance for judges handling insurance issues finally passes after resistance
Dispute between former NFL player and concussion-litigation funder might not make it to arbitration
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.
Lawmakers group discusses controversial liability insurance restatement; Parts of project called 'litigation fuel'
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.