Nicholas Malfitano News
Louisiana Bankers Association CEO on Credit Card Competition Act: If passed, 'would expose customers and their credit card data to weaker cyber-security protections'
The Louisiana Bankers Association's (LBA) said it seconds prior criticism of Senate Bill 1838, known as the “Credit Card Competition Act,” which would require banks to offer merchants at least two network options, one of which cannot be Visa or MasterCard, for processing credit card transactions, thereby increasing security and fraud risks, according to the organization's leadership.
Louisiana federal judge says change in appellate law justifies reopening of seaman's personal injury suit
NEW ORLEANS – A Louisiana federal court has granted a motion for reconsideration and reopened a once-dismissed personal injury action, brought by a remote vehicle pilot who said he was assaulted by his superintendent nearly two years ago, while staying at a hotel in Guyana.
Parties in toxic landfill odor case debate admissibility of testimony about fear of disease
NEW ORLEANS – Just over two weeks before the start of trial involving litigation from Jefferson Parish residents claiming a Waggaman landfill emitted toxic odors and chemicals over two years, the parties are contesting whether or not the plaintiffs will be able to testify about their fear of contracting diseases.
LSU settles lawsuit brought by former students who alleged its sexual misconduct and domestic violence investigations were inadequate
BATON ROUGE – Louisiana State University has confidentially settled long-standing litigation brought by a group of women in 2021, who alleged the school’s program to investigate and respond to sexual assault claims was inadequate, and allowed for women and members of the LGBTQ+ community to be traumatized.
Third Circuit appeals court reinstates motor vehicle accident case's loss of consortium award of $475K
LAKE CHARLES – A Louisiana appeals court has fully affirmed a Calcasieu Parish court’s jury verdict in a motor vehicle accident lawsuit, and restored a $475,000 award for loss of consortium to one of the plaintiffs.
Second District appeals court affirms earlier dismissal of Louisiana man's defamation suit versus ABC News
SHREVEPORT – A state appeals court has affirmed a trial court dismissal of a Louisiana man’s defamation lawsuit against ABC News and remanded it to a Caddo Parish court, on the subject of determining attorney’s fees and costs.
State Supreme Court: Damages in motor vehicle accident award dropped from $18.9M to $5.6M
NEW ORLEANS – The Supreme Court of Louisiana has reversed a lower appellate court ruling, in reducing an $18.9 million damages award to a man critically injured in a 2018 motor vehicle accident and his family, to $5.6 million.
In 4-3 ruling, Supreme Court of Louisiana says Amazon could be held liable in wrongful death suit
NEW ORLEANS – A majority complement of the Supreme Court of Louisiana has ruled that Amazon is a “seller” under state law and could be held liable for the death of a man who suffered fatal burns from an exploding lithium-ion battery charger, which he purchased on Amazon from a third-party manufacturer.
Federal judge gives go-ahead to bifurcated proceedings in maritime accident lawsuit
BATON ROUGE – A federal judge has granted a plaintiff’s motion to potentially bifurcate legal proceedings concerning a maritime accident between both a state court and a federal court.
Plaintiffs firm, sued in California for alleged poaching, fighting insurer to pay fees
NEW ORLEANS – A federal magistrate judge has partially granted and partially denied a motion to compel from a Louisiana law firm litigating with its insurance carrier over who will pay to defend it from a poaching lawsuit in California.
Fifth Circuit says sales tax battle between Baton Rouge and casino-hotel owners must be fought in state court
NEW ORLEANS – A federal appeals court has decreed that owners of two casinos with attached hotels in Louisiana have to square off with the City of Baton Rouge over sales taxes on complimentary hotel rooms in their establishments in state court, as opposed to federal court.
Fifth Circuit finds attorney-client privilege extended to LSU sexual misconduct investigation records
NEW ORLEANS – A trio of federal appellate judges has ruled that Louisiana State University did not break the law when it kept records related to a sexual misconduct investigation against its former football coach, Les Miles, off-campus, finding that the documents were covered by attorney-client privilege.
Court of Appeals grants partial reduction in damages to former student facing abuse and his parents
NEW ORLEANS – A Louisiana state appeals court has partially reversed a $450,000 damages award, initially granted to a minor student and his parents in litigation brought against their school board – which broke promises it made to not have the minor student continue riding the school bus with his physical abuser.
Just before civil rights suit trial, judge throws out motion to exclude doctor's testimony about plaintiff's brain injury
NEW ORLEANS – A Louisiana federal judge has thrown out a motion in limine which sought to exclude testimony from a doctor concerning a traumatic brain injury a plaintiff allegedly sustained, during her 2022 encounter with a Jefferson Parish Sheriff’s Deputy.
Appeals court upholds $5.5M wrongful death awards to daughters of man who died from mesothelioma
NEW ORLEANS – A Louisiana state appeals court has upheld a total amount of $5.5 million in wrongful death damages, awarded to the daughters of a man who worked for Shell Oil Company and later died of mesothelioma.
Decision in TCPA case will give defendants ammo to fight litigation, Pittsburgh lawyer says
PITTSBURGH – A Pittsburgh attorney says that a recent decision in a Louisiana federal court has resurrected the potential for defendants facing litigation under the Telephone Consumer Protection Act to claim that the law is unconstitutional in its entirety.
Tobacco lawyer fighting insurers over coronavirus claims; Industry says pandemics are 'uninsurable'
NEW YORK (Legal Newsline) – A plaintiffs lawyer who took part in the tobacco litigation of the 1990s is now at the forefront of the next great litigation wave, leading a group representing restaurant employees affected by the coronavirus quarantine as insurers claim rewriting policies to cover pandemics will wreck the industry.
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.
Xarelto litigation resolved with $775M global settlement; Louisiana federal court, Philadelphia's CLC handled most cases
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.
Federal judge throws out damages motion seeking $1.5 million against Pa. and La. law enforcement and court officials
ALLENTOWN – A federal judge has thrown out a motion from a Louisiana man seeking $1.5 million in damages from the Superior Court of Pennsylvania, the Berks County Court of Common Pleas Clerk, the Bossier City, La. Police Department for allegedly violating his rights U.S. Constitution through incarcerating him based upon forged documents.