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Saturday, April 27, 2024

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Reform

PCCJR asks state Supreme Court committee for report on impact of med-mal venue rule change

By Nicholas Malfitano |
HARRISBURG – A legal reform group has asked a Supreme Court of Pennsylvania committee to immediately issue a report on the impact of its decision to allow plaintiffs greater flexibility in where to file medical malpractice cases, nearly six months after the rule change went into effect.

Reform

Pa. Supreme Court: Only concealment of cause can toll statute of limitations in wrongful death suits

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania has ruled that the Medical Care Availability and Reduction of Error (MCARE) Act’s two-year statute of limitations for survival and wrongful death litigation against health care companies is now tougher to circumvent.

Reform

Pa. courts move up to No. 2 ranking on ATRA's annual 'Judicial Hellholes' report list

By Nicholas Malfitano |
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have garnered the No. 2 ranking for jurisdictions considered unfriendly to businesses – moving up two places from the fourth spot on the list, where they had been ranked last year.

Reform

Health care officials testify that med-mal venue rules rescission may cause another liability crisis

By Nicholas Malfitano |
HARRISBURG – A group of health care officials testified before a complement of Republican state congressional representatives on Monday that a recent Supreme Court of Pennsylvania committee decision to allow plaintiffs greater flexibility in where to file medical malpractice cases, may have the ability to create another medical liability crisis statewide.

Reform

Pa. Supreme Court rolls back med-mal venue rules, allowing plaintiffs greater filing leeway

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania’s Civil Procedural Rules Committee has green-lit standards allowing plaintiffs statewide greater leeway in where to file medical malpractice liability cases, a move cheered by personal injury attorneys and criticized by health care and business interests.

Reform

Policy group advocates Pa. Supreme Court to adopt 1:1 ratio cap on punitive damages

By Nicholas Malfitano |
WASHINGTON – A nonprofit, public-interest law firm and policy center has suggested the Supreme Court of Pennsylvania follow the example of the U.S. Supreme Court, and adopt a proportional cap on the subject of punitive damages.

Reform

U.S. Supreme Court declines to review GOP challenge to recent selection of Pa. congressional map

By Nicholas Malfitano |
WASHINGTON – The U.S. Supreme Court has refuted a call from Pennsylvania Republicans to involve itself in the contested political battle surrounding the state’s newly selected congressional map.

Reform

Pa. courts drop from the top to No. 4 ranking on ATRA's annual 'Judicial Hellholes' list

By Nicholas Malfitano |
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released today by the American Tort Reform Association, Pennsylvania courts have garnered the No. 4 ranking for jurisdictions considered unfriendly to businesses – falling three places from the top spot on the report, where they had been listed for the preceding two years.

Reform

For-profit schools in FTC's crosshairs, but some wondering why

By Nicholas Malfitano |
WASHINGTON – The Federal Trade Commission has announced a new initiative to penalize for-profit colleges and universities for making misleading claims about their graduates’ job placement and earning prospects with sizable sanctions - leading to concerns from the industry that no actual findings of wrongdoing have been alleged.

Reform

After limits to executive power, Gov. Wolf will have to work with lawmakers more

By Nicholas Malfitano |
HARRISBURG – After Pennsylvania voters in last month’s primary election opted to amend the state constitution and limit emergency declaration powers for Gov. Tom Wolf and all future state governors, a Philadelphia attorney says that the move will compel cooperation between the executive and legislature branches.

Reform

Inspector General report says 'no executive oversight' led to failure of proposed amendment for sex abuse victims

By Nicholas Malfitano |
HARRISBURG – A new report from the Pennsylvania Department of State (DOS) credits a “lack of executive oversight” as the chief reason why a state constitutional amendment which would have retroactively extended the timeline for victims to file civil actions against their abusers, stalled in a procedural snafu that won’t see it be considered as a ballot question until 2023 at the earliest.

Reform

After botching, constitutional amendment helping church sex abuse victims could have new path to law

By Nicholas Malfitano |
HARRISBURG – A state constitutional amendment which would retroactively extend the timeline for victims to file civil actions against their abusers, stalled in a procedural snafu that cost the former Secretary of the Commonwealth her job, may see new life and its place on the May primary election ballot restored, as an emergency amendment.

Reform

'Beyond disappointing': Boockvar's error leads to her resignation, more delay for priest abuse victims

By Nicholas Malfitano |
HARRISBURG – Pennsylvania’s Secretary of the Commonwealth Kathy Boockvar will resign her post this Friday, after Gov. Tom Wolf’s administration revealed that the Department of State failed to advertise a proposed constitutional amendment that would retroactively extend the timeline for victims to file civil actions against their abusers.

Reform

Plaintiffs lawyer rips colleagues over multidistrict litigation fees, pressure tactics

By Daniel Fisher |
PHILADELPHIA (Legal Newsline) - Federal multidistrict litigation, a procedure intended to resolve mass-tort lawsuits fairly and efficiently, has mutated into an unethical moneymaking machine for lawyers that is badly in need of reform, a prominent plaintiff attorney says as he prepares to lobby for changes.

Reform

Philadelphia remains the No. 1 'Judicial Hellhole,' now joined by Pa. Supreme Court

By Nicholas Malfitano |
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.

Reform

Pa. groups call for protection from coronavirus lawsuits for health care, reopened businesses

By Nicholas Malfitano |
HARRISBURG – Leaders of multiple entities representing legal reform, business and health care interests statewide are pushing for the provision of safe harbor professional liability protections from the state to individuals and businesses responding to the coronavirus pandemic, in order for the state economy to quicken its recovery once the state re-opens.

Reform

Pennsylvania leaders haven't protected health care providers from coronavirus lawsuits

By Nicholas Malfitano |
HARRISBURG – As the coronavirus pandemic continues, Pennsylvania lawmakers are being called out by a civil justice reform group for not following the example of other states and providing legal immunity for those responding to the crisis.

Reform

A year of study and Senate still unsure about changing rules for medical-malpractice lawsuits

By Nicholas Malfitano |
HARRISBURG – After nearly a full of year of study, a bipartisan Pennsylvania Senate Legislative Budget and Finance Committee (LBFC) report released Monday on the effects of changing current medical malpractice litigation venue rules came to no specific conclusion on the potential impacts of such a proposal.