WASHINGTON – In the latest annual report of “Judicial Hellholes” released today by the American Tort Reform Association, Pennsylvania courts have taken the No. 1 ranking for the second consecutive year – due to high-dollar mass tort verdicts, expanding medical liability litigation and a lower reliability standard for expert witness evidence, among other issues.
HARRISBURG – A landmark U.S. Supreme Court ruling on the concept of specific jurisdiction in 2017 did not guide the Supreme Court of Pennsylvania, when it affirmed a $12.85 million damages award in a pelvic mesh injury matter against a Johnson & Johnson subsidiary.
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.
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.
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.
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.
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.
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 – 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?
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 – 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.
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.
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.
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.
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.
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.”
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.
