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New Jersey using contingency fee lawyers to take lead in PFAS litigation

By Karen Kidd | Apr 9, 2019

TRENTON, N.J. (Legal Newsline) – New Jersey is ahead of the rest of the country in using private lawyers to sue manufacturing companies over chemicals known as PFAS, whose toxicity levels are still being determined by federal regulators while lawsuits stack up.

Beware of even the fine print, attorneys warn of ALI's insurance law Restatement

By Daniel Fisher | Apr 8, 2019

Beware of even the fine print, attorneys warn of ALI's insurance law Restatement

Finance firm hit with $4K fine for TCPA violations against Huntingdon Valley company

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – A federal judge levied a $4,000 fine on a finance corporation that sent eight unsolicited faxes to a Huntingdon Valley-based aircraft engine manufacturer and real estate corporation, stating it violated the Telephone Consumer Protection Act (TCPA).

Another state rejects ALI's controversial insurance Restatement; North Dakota joins Ohio as other states mull similar moves

By Nicholas Malfitano | Apr 4, 2019

PHILADELPHIA – State opposition to the American Law Institute’s Restatement of the Law of Liability Insurance continues to accumulate, as North Dakota recently passed a law striking down the document and Arkansas introduced similar legislation in its state senate.

Pa. courts won't turn over letter that sparked medical malpractice reform debate

By Nicholas Malfitano | Mar 26, 2019

HARRISBURG – Where it had first been seen as a surprise that the Supreme Court of Pennsylvania was considering reversing course on where medical malpractice lawsuits can be filed, it was recently revealed just where the inspiration to reconsider the policy came from.

Claustrophobia as a disability: Employee sues fireworks company for not providing him an office with a window

By Karen Kidd | Mar 19, 2019

PITTSBURGH — A longtime employee's federal lawsuit against his former employer for allegedly failing to accommodate his condition of claustrophobia follows a series of similar cases introduced since a change in disabilities law in 2008.

Texas lawmakers say the ALI's insurance law project 'not worthy of recognition by the courts'

By Nicholas Malfitano | Mar 18, 2019

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.

Attorney: If judges take ALI's controversial insurance project seriously, policyholders would suffer

By Nicholas Malfitano | Mar 13, 2019

PHILADELPHIA – Despite passage at last year’s annual meeting of the American Law Institute, multiple states and courts have since expressed opposition to the application of the ALI’s Restatement of the Law of Liability Insurance.

Judge tosses climate change lawsuit against Trump, says he won't tell the President what to do

By Scott Holland | Mar 11, 2019

PHILADELPHIA — Tasked with deciding a climate change lawsuit brought on behalf of children, a federal judge says he won’t supervise the White House’s actions on the environment.

From Legal Newsline

'Easy grandstanding': Congress backs trial lawyers' effort to condemn chemicals, win lawsuits while science debated

By John O'Brien | Mar 11, 2019

WASHINGTON (Legal Newsline) – As Congress vilifies chemicals known as PFAS, some question whether the research upon which lawmakers – and trial lawyers – are relying shows that anyone has actually been harmed by them.

Supreme Court arguments: Companies in asbestos cases want to pay their 'fair share,' not split verdicts evenly

By Nicholas Malfitano | Mar 7, 2019

PHILADELPHIA – Justices from the Supreme Court of Pennsylvania warned of the possibility of “junk science” interjecting its way into product liability lawsuits, if juries were tasked with the specific assignment of defendant damages through the Fair Share Act.

Big asbestos case on this week's schedule for state Supreme Court; Will decide if Fair Share Act applies

By Nicholas Malfitano | Mar 5, 2019

PHILADELPHIA – Supreme Court of Pennsylvania arguments arrive in Philadelphia this week, including a hearing of a key case whose connection to the Fair Share Act and its applicability may have far-reaching implications in strict liability cases statewide for many years to come.

American Law Institute symposium raises eyebrows

By The Pennsylvania Record | Mar 4, 2019

Eyebrows were raised and speculation prompted when the Philadelphia-based American Law Institute (ALI) announced that one of its symposia discussing the newly-adopted Restatement of the Law of Liability Insurance would include a pair of judges in a federal courthouse.

'That can't be right': Group defending disputed insurance law project gets judges involved

By Nicholas Malfitano | Feb 21, 2019

PHILADELPHIA – It's curious that a group of lawyers and scholars that traditionally sought to help judges by restating existing laws - but has since been accused of trying to create its own - is involving federal judges as it explains itself, attorneys feel.

This Pennsylvania committee is proposing changes that benefit five of its members' law firms

By John O'Brien | Feb 20, 2019

A Pennsylvania Supreme Court committee is proposing a new rule that will help medical malpractice lawyers, but a look at the makeup of the committee shows five lawyers, including its chair, who work at firms that file medical malpractice cases.

American Law Institute hits the road to explain controversial Restatement; It has been called 'litigation fuel'

By Nicholas Malfitano | Feb 13, 2019

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.

A world with fewer doctors, more lawyers

By The Pennsylvania Record | Feb 12, 2019

For trial lawyers, the days before a 2002 law addressed health care costs are worth going back to, and the state Supreme Court might be ready to send Pennsylvania back to those dark days.

Counsel for Supreme Court Justice Kevin Dougherty denies wrongdoing in brother's FBI embezzlement and corruption probe

By Nicholas Malfitano | Feb 11, 2019

PHILADELPHIA – The federal indictment and subsequent investigation of local labor union leader John Dougherty has also brought a cloud of suspicion over his brother, Supreme Court of Pennsylvania Justice Kevin Dougherty, who is suspected of receiving benefits courtesy of union funds that his brother embezzled.

Senate responds as Pa. Supreme Court considers annulling a 2002 law, to trial lawyers' benefit

By Nicholas Malfitano | Feb 7, 2019

HARRISBURG – The Pennsylvania Senate will study whether forum-shopping by medical malpractice lawyers raises health care costs in the areas they target - a move that comes as the state Supreme Court considers allowing those lawyers to file cases in the courts of their choosing.

Supreme Court considers overriding 2002 med-mal reform; Groups warn it could create another health care crisis

By Nicholas Malfitano | Jan 16, 2019

HARRISBURG – Venue guidelines governing medical malpractice litigation statewide which were brought into law through 2002’s Medical Care Availability and Reduction of Error (MCARE) Act may be abandoned by the Supreme Court of Pennsylvania’s Civil Procedural Rules Committee.

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