Nicholas Malfitano News
Decision in TCPA case will give defendants ammo to fight litigation, Pittsburgh lawyer says
PITTSBURGH – A Pittsburgh attorney says that a recent decision in a Louisiana federal court has resurrected the potential for defendants facing litigation under the Telephone Consumer Protection Act to claim that the law is unconstitutional in its entirety.
Deadlocked U.S. Supreme Court upholds mail-in ballot deadline extension ruling from Pa. Supreme Court
WASHINGTON – The U.S. Supreme Court has upheld a ruling which will permit Pennsylvania to count mail-in ballots submitted up to three days after Election Day on Nov. 3, in a deadlocked decision of 4-4.
Bayer pays $1.6 billion to settle U.S. injury claims against Essure birth control device
PHILADELPHIA – Bayer Pharmaceuticals announced Thursday that it agreed to pay $1.6 billion to settle almost all litigation in the United States based upon claims that its Essure birth control tool injured women who used it.
If American Law Institute can't be impartial, judges shouldn't be members, group argues
WASHINGTON – According to one Washington observer, the Philadelphia-based American Law Institute needs to remain true to its mission of distilling and clarifying law, or else strongly consider whether it is appropriate to have judges as members of its ranks.
Third Circuit to decide whether private lawyers can chase California-style jackpot in the name of government
PHILADELPHIA – Oral arguments in the extended standoff between the Sherwin-Williams Company and a Pennsylvania county hoping to use private lawyers to sue it over lead paint will take place today before the U.S. Court of Appeals for the Third Circuit.
Tobacco lawyer fighting insurers over coronavirus claims; Industry says pandemics are 'uninsurable'
NEW YORK (Legal Newsline) – A plaintiffs lawyer who took part in the tobacco litigation of the 1990s is now at the forefront of the next great litigation wave, leading a group representing restaurant employees affected by the coronavirus quarantine as insurers claim rewriting policies to cover pandemics will wreck the industry.
Coronavirus roundup: States pass lawsuit-protection measures as Pennsylvania resists
ATLANTA – As the nation continues to persevere through the coronavirus pandemic, more states are continuing to pass legal immunity protections for health care providers and in the ones which have yet do to so, a groundswell of support for such action is building.
Kentucky governor vetoes bill on ALI's controversial Restatement; Override possible amid coronavirus concerns
FRANKFORT, Ky. – Legislation clarifying that the American Law Institute’s controversial insurance liability Restatement does not constitute law or public policy if it conflicts with established federal, state or case law overwhelmingly passed in Kentucky but was vetoed Tuesday by Gov. Andy Beshear.
Two more states pass measures targeting controversial Restatement issued by American Law Institute
PHILADELPHIA – Legislation stating the American Law Institute’s Restatement of the Law of Liability Insurance does not constitute law or public policy if it conflicts with established federal, state or case law recently passed in the states of Utah and Kentucky.
American Law Institute 'at a crossroads' as it works on newest Restatement, member says
PHILADELPHIA – The Philadelphia-based American Law Institute continues its work on a Restatement meant to give legal clarity to the arena of consumer contracts - a project that has been put on the back-burner and serves as a "litmus test" as to how the influential group will be perceived, a member says.
'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.