Stories by Nicholas Malfitano on Florida Record

WEST PALM BEACH – A Florida appeals court has reversed and remanded medical malpractice litigation originally brought in a Broward County court, finding that the use of an expert witness was unnecessary and that a defense witness was improperly excluded from the proceedings.

OCALA – After nearly a decade of litigation, a Florida federal court has ruled that a prayer vigil which took place during a rash of shootings in the City of Ocala in 2014, violated the Establishment Clause of the U.S. Constitution.

ORLANDO – A federal judge has decreed that a woman’s litigation against WHG SU and Choice Hotels under the Trafficking Victims Protection Reauthorization Act will proceed, having overcome motions to dismiss and to strike allegations from the complaint.

FORT MYERS – A Florida federal court has decided that a class action suit claiming the maker of Fireball cinnamon whiskey and cinnamon malt beverage deceived consumers by marketing the malt beverage liquid in miniature bottles resembling whiskey shot bottles may proceed, after it is once again amended.

MIAMI – A Florida appellate court panel, citing state Supreme Court precedent, has reversed fraud claims lodged against the Philip Morris tobacco company and reduced a prior $2.4 million damages jury verdict award to the estate of a deceased smoker, down to $1.7 million.

TALLAHASSEE – The Supreme Court of Florida has rejected a bid for reinstatement from State Attorney Monique Worrell, who was suspended from her role last year by Gov. Ron DeSantis.

TAMPA, Fla. (Legal Newsline) – A class action brought against Walmart in a Florida federal court which alleged products sold by the retail giant are weighted and priced improperly, looks to be settled for $45 million.

TALLAHASSEE, Fla. – A law firm’s legal action alleging numerous forms of wrongdoing, including the hacking and illegal procurement of protected emails, were committed by attorneys participating in and overseeing the NFL Concussion Litigation settlement has been stayed in a Florida federal court.

PENSACOLA, Fla. – All Philadelphia-area plaintiffs attached to a lawsuit against Bristol Myers-Squibb and Otsuka Pharmaceutical in connection with prescription medication Abilify have been dismissed from the suit, after allegedly defying court orders and failing to provide basic information about their claims.

PENSACOLA, Fla. – A federal judge recently dismissed 77 cases from plaintiffs who sued both Bristol Myers-Squibb and Otsuka Pharmaceutical in connection with prescription medication Abilify this past October – after multiple plaintiffs were already dismissed from the suit earlier last year for defying court orders and failing to provide basic information about their claims.

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.

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.

PHILADELPHIA – Americans from all over the country have traditionally flocked to Philadelphia courts, to the point their plaintiff-friendly reputation has resulted in a “Judicial Hellhole" designation, and now plaintiffs are coming from other countries to seek their day in court.