Nicholas Malfitano News
First Xarelto federal bellwether trial beginning in Louisiana court
NEW ORLEANS – The initial bellwether trial to ascertain whether the manufacturers of Xarelto are liable for claims which allege the blood-thinning medication caused injury or death to more than 15,000 patients was slated to begin Monday in a Louisiana federal court.
Superior Court upholds Philadelphia court's decision to transfer casino injury suit to Bucks County
HARRISBURG – The Superior Court of Pennsylvania ruled that a state court in Philadelphia was not in error when it transferred a plaintiff’s premises liability action against a Bensalem casino to its counterpart court in Bucks County.
Mass. lawyer says knife maker's defamation case against him lacks Pa. jurisdiction
PHILADELPHIA – A Massachusetts lawyer accused of defaming a North Carolina man and Pennsylvania knife manufacturer and seller through his online commentary, is attempting to have the case against him dismissed for lack of personal jurisdiction.
Chester County massage facility seeking injunction to prevent its closing
PHILADELPHIA – A Chester County massage clinic which may be facing the closing of its doors is seeking a preliminary injunction to prevent itself from going out of business permanently.
District Court judge dismisses auto detailer's wrongful termination litigation
PHILADELPHIA – A federal judge has dismissed an automotive detailer’s wrongful termination action against his former place of business, Carousel Hyundai in West Chester.
Defense counsel seeking to dismiss poisoned man's claims for punitive damages
PHILADELPHIA – Counsel for one of a quartet of companies accused by a Philadelphia man of poisoning him with methyl bromide pesticides two years ago are attempting to dismiss claims of reckless behavior and punitive damages with prejudice.
Janssen Pharmaceuticals granted nonsuit motion in latest Philadelphia Risperdal lawsuit
PHILADELPHIA – The latest Risperdal lawsuit to go to trial here has been dismissed by a state court judge for a piece of photographic evidence allegedly lacking authentication, marking the fifth courtroom victory for the drug’s manufacturer, Janssen Pharmaceuticals.
Defense counsel in gas explosion case seeking to dismiss punitive damages claims
PHILADELPHIA – Counsel for one in a group of companies who are accused of manufacturing a faulty natural gas system for a trash truck which exploded and left a man with third-degree burns have moved to dismiss claims against them for punitive damages.
Amtrak defends self from lawsuit brought by conductor in fatal 2015 wreck
Sued by an engineer whose part in a fatal derailment remains a question, Amtrak is attempting to turn the blame on the man.
Pharmaceutical companies seeking to ascertain if third-party funding in Xarelto litigation
PHILADELPHIA – The manufacturers of Xarelto are seeking to compel a Philadelphia court to allow them to learn if cases brought against them for injuries allegedly stemming from taking the drug were funded by third-parties.
Shopping mall slip-and-fall case transferred to federal court in New Jersey
PHILADELPHIA – A premises liability case filed in Pennsylvania federal court against a New Jersey shopping mall, has now been transferred to federal court in that state.
Newtown Square care facility has several wrongful termination claims filed against it dismissed
PHILADELPHIA – A Newtown Square continuing care facility won its motion for dismissal of three of four of a plaintiff’s discrimination claims, due to said plaintiff allegedly not responding to the motion in question.
Superior Court partially upholds verdict on Right to Farm Act case, remands for further proceedings
HARRISBURG – The Superior Court of Pennsylvania has found partial favor with and remanded a case between a Lycoming County farm and its neighbors, ruling its activities are protected under the Right to Farm Act (RTFA).
Third Circuit says settlement's contract language not ambiguous and monthly payment terms remain as is
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled to reject a claim that monthly payments in a settlement agreement would increase by five percent per month only in the case of three references to a cure provision.
Mississippi employees retirement fund's securities lawsuit set for switch to federal court
PHILADELPHIA – Defendants in a securities fraud action brought by a public employee retirement organization have filed to remove the action from the Chester County Court of Common Pleas to the U.S. District Court for the Eastern District of Pennsylvania.
Man's lawsuit claiming he was served food with shards of broken plate at Longhorn moved to federal court
PHILADELPHIA – Longhorn Steakhouse is looking to have the case of a New Jersey man who says he became ill and injured from allegedly being served shards of a broken plate at their location in Hamilton Township, N.J. removed to federal court.
Townhome community says neighboring development's drainage system flows onto their land
SCRANTON – An Old Forge townhome community has filed suit against the ownership of a neighboring residential development, claiming its stormwater system has collected water and directed it onto their property.
Illinois nurse says she suffered stroke due to negligent care at Geisinger Medical Center
SCRANTON – A registered nurse from Illinois has filed suit against a local hospital, claiming it provided her with negligent medical care over a two-day period in August 2015 that left her with irreversible brain injuries.
Plaintiffs say City of Scranton's stormwater drainage system damaged their property
SCRANTON – A pair of plaintiffs have sued the City of Scranton, for their alleged failure to inspect or repair a stormwater drainage system that they claim has damaged their property.
Phoney Lawsuits: TCPA defendant awaits application of Pa. decision to N.J. serial plaintiff
TRENTON, N.J. – In a federal court in New Jersey, a company targeted by a Polish immigrant who has filed more than 30 lawsuits is trying to avoid contributing to his apparently growing bank account, as the case draws to a close.