Nicholas Malfitano News
Supreme Court of Texas upholds state law prohibiting gender-affirming care for transgender youth
AUSTIN – The Supreme Court of Texas has upheld a state law which bans medical professionals from performing gender-affirming care for transgender youth, after previously overturning an injunction preventing that same law from being enforced.
Fifth Circuit affirms lower court's denial of business interruption coverage for COVID-19 losses
NEW ORLEANS – A federal appellate court has upheld a lower court’s decision that a nonprofit health system’s insurance policy did not cover business interruption losses caused by the COVID-19 pandemic.
Doctor suspended from Methodist Hospital won't get access to financial records, appellate court says
HOUSTON – A Texas appeals court has upheld a lower court’s ruling that a physician who voiced her opposition to COVID-19 vaccine mandates, had her privileges suspended by Methodist Hospital and then sought a plethora of financial records from the hospital, will be denied an opportunity to receive those records.
Beaumont Pipeline injunction caused millions in damages to Exxon, appeals court says
BEAUMONT – A Texas appeals court has voided a temporary injunction granted by a lower court to Sunoco and other petroleum entities, finding that the injunction was “overbroad” and had caused millions of dollars in damages to Exxon.
Partial dismissal issued in long-standing financial dispute between donors and Texas A&M foundation
BEAUMONT – A financial connection between a university foundation and its donors is not proven by school spirit alone, says a Texas appeals court, which issued a partial dismissal to litigation brought by those donors after renovations were made to the football stadium at Texas A&M University and necessary seating changes occurred as a result.
AG Paxton says license not needed for paid intermediaries negotiating leases for wind power
AUSTIN – State Attorney General Ken Paxton has opined that under Texas law, someone being paid to negotiate a lease for the development of a wind power project is not required to possess a license from the Texas Real Estate Commission, since wind “is not a mineral or mining interest.”
Dueling summary judgment motions at hand, in Texas AG investigation of firm which provided airplane parts to Boeing
AUSTIN – A Kansas-based airplane parts manufacturer and the Texas Attorney General’s Office have filed cross motions for summary judgment, within an investigation being conducted by the Office into Spirit AeroSystems, Inc., after recurring issues with certain airplane parts provided by the company to Boeing.
Supreme Court of Texas says 15-year statute of repose bars injury lawsuit against Ford
AUSTIN – The Supreme Court of Texas has reversed an appeals court’s prior ruling and declared that a 15-year statute of repose under state law absolves Ford Motor Company of liability, in a personal injury lawsuit brought against the auto manufacturer.
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.
ALI sends in lobbyists as Texas lawmakers consider denouncing group's insurance Restatement
AUSTIN, Texas – New records show that the American Law Institute has hired lobby assistance to oppose legislation filed by Texas lawmakers to discourage the Restatement of the Law of Liability Insurance from being relied upon by courts.
Another state rejects ALI's controversial insurance Restatement; North Dakota joins Ohio as other states mull similar moves
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.
Servicemembers with alleged hearing loss are suing 3M over earplugs; Six cases recently filed in Philadelphia
PHILADELPHIA – Minnesota-based 3M finds itself the target of litigation from U.S. military veterans nationwide, who claim the company’s Combat-Arms Earplugs, worn by troops from 2003-2015, were the proximate cause of hearing damage and deafness to countless military service members.
Texas lawmakers say the ALI's insurance law project 'not worthy of recognition by the courts'
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.
'That can't be right': Group defending disputed insurance law project gets judges involved
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.
No jackpot in first Philadelphia talc trial; Judge rules plaintiff has no evidence
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.
NFL alleges widespread fraud by unnamed plaintiffs lawyers, doctors in concussion settlement; Special investigator appropriate, class counsel says
PHILADELPHIA – If the National Football League has their way, sanctions will be issued and a special investigator will be appointed to the NFL’s $1 billion Concussion Settlement program, as the league alleges an independent claims administrator determined that 23 percent of the claims submitted to it were fraudulent.