Nicholas Malfitano News
More bad news from Pa. court for J&J as it fights Risperdal lawsuits
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.
Breaking: In first test, Philadelphia jury punishes J&J with $8 billion verdict; Thousands more cases remain
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.
Critics come out to fight AG Shapiro's proposed antitrust rule; Law prof worries about impact on class actions
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.
Trial to determine jackpot-potential of Risperdal lawsuits starts today in Philadelphia
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.
Is AG Shapiro ignoring the legislature as he tries to change state consumer protection law?
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.
Facing 12,000 lawsuits, J&J has expert testify that there is no link between talc and ovarian cancer
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.
Janssen win in Philly Risperdal case overturned by appeals 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.
Federalist Society panel contends the ALI, a powerful legal group, has shifted its focus
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?
Latest project from American Law Institute 'an abandonment of important principles,' 23 state AGs feel
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.
Money piles up for serial TCPA lawsuit-filer from King of Prussia; This week's trial looks like a win
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.
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..