Nicholas Malfitano News
'Pillaging them, that's the point': Serial plaintiff on tape describing how to take advantage of TCPA
PHILADELPHIA – Recorded conversations prove a Pennsylvania man who has filed dozens of lawsuits is intentionally taking advantage of a federal law to extort settlements from defendants, says one of the companies he has targeted.
Lawmakers in Oklahoma, West Virginia the latest to call for rejection of ALI's insurance Restatement
PHILADELPHIA – Oklahoma and West Virginia can be added to the growing list of states seeking to formally reject the American Law Institute’s controversial Restatement of the Law of Liability Insurance - a project that some see as evidence of an ideological shift at the organization that amounts to a power-trip.
Third Circuit sends Pennsylvania lead paint litigation to state courts in win for private lawyers hired by counties
PHILADELPHIA – According to a panel of judges from the U.S. Court of Appeals for the Third Circuit, public nuisance cases filed by two Pennsylvania counties against manufacturers who provided lead-containing paint for use in housing developments were properly remanded to state court for a lack of jurisdiction.
Supreme Court says tort reform law doesn't apply to asbestos lawsuits
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.
SCOTUS declines review, agrees with Third Circuit on abiding by state and federal aircraft design standards without pre-emption
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.
Judge in landmark $8 billion Risperdal case cuts punitive damages award down to $6.8 million
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.
Florida federal judge dismisses 77 plaintiffs from Abilify action that started in Philadelphia
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.
Sherwin-Williams still fighting to prevent Pa. counties from filing lead paint lawsuits
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.
DOJ tells SCOTUS to overturn decision on who enforces standards for aircraft engines; Boeing issue cited
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.
Philadelphia now the top-ranked 'Judicial Hellhole'; Massive verdicts, like $8B Risperdal case, cited
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.
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.