David Hutton News
California appeals court overturns ruling in SpaceX case; Plaintiff allowed to file new complaint
LOS ANGELES (Legal Newsline) – California’s Second District Court of Appeal on June 13 overturned a lower court’s ruling that would prevent an unlicensed contractor from suing to recover payment on contracts for services that did not require a contractor's license.
Eighth Circuit affirms dismissal of TCPA class action
ST. LOUIS (Legal Newsline) –The U.S. Court of Appeals for the Eighth Circuit has upheld the dismissal of a class action lawsuit filed against Fairview Health Services alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA).
Rhode Island Supreme Court sides with Wells Fargo in foreclosure case
PROVIDENCE, R.I. (Legal Newsline) – The Rhode Island Supreme Court on May 25 upheld a lower court's ruling that cleared Wells Fargo Bank of any wrongdoing in a home foreclosure that began in 2009.
California's 2nd District Court of Appeal rejects Applied Underwriters’ petition
LOS ANGELES (Legal Newsline) – California's Second District Court of Appeal has ruled that that Applied Underwriters’ appeal of a trial court’s order denying its renewed petition to compel arbitration is not appealable.
Effort to appeal legal fees awarded in eviction case falls short
PORTLAND, Maine (Legal Newsline) – The Maine Supreme Judicial Court has upheld a lower court’s post-judgment order awarding a woman $8,000 in legal fees, far below the $60,000 she had requested.
Texas Supreme Court rules university is a governmental unit in wrongful death case
AUSTIN, Texas (Legal Newsline) – The Texas Supreme Court has issued a ruling regarding the University of the Incarnate Word, ruling that when it comes to law enforcement, it is a governmental unit because it has its own campus police force.
Calif. appeals court rules employees paid a commission must be paid separate wage for rest periods
The state's 2nd District Court of Appeal has ruled that employers who pay workers a commission must pay a separate minimum wage during rest periods.
Maine Supreme Court sides with lawyer in malpractice case filed by union worker
PORTLAND, Maine – The Maine Supreme Judicial Court has ruled that a union worker failed to prove a legal malpractice claim against John R. Lemieux.
Delaware Supreme Court extends suspension of attorney for allegedly concealing ethical violations
DOVER, Del. (Legal Newsline) – The Delaware Supreme Court has sided with the Board on Professional Responsibility to extend the suspension of attorney S. Harold Lankenau.
Georgia Supreme Court rules in favor of arbitration in wrongful-death case
ATLANTA — The Georgia Supreme Court recently ruled that a man suing a nursing home over the alleged wrongful death of his wife must first take his case to arbitration.
CEI paper: Attorneys general abuse power with relationships with trial lawyers
WASHINGTON (Legal Newsline) – Dangling the prospect of taking on an unpopular industry, trial lawyers are getting state attorneys general to team up on cases.
Attorney: Teamwork necessary for CFPB, N.Y. attorney general to sue RD Legal Funding
WASHINGTON (Legal Newsline) – A company accused of scamming 9/11 heroes and NFL concussion victims is facing an uphill legal battle, according to one lawyer.
Lawyer: Fifth Circuit ruling in Delek case 'significant victory for the regulated industry'
NEW ORLEANS (Legal Newsline) – A three-judge panel from the U.S. Court of
Appeals for the Fifth Circuit on Dec. 29 rejected Occupational Safety and Health Administration citations issued to a Delek Refining LTD facility for alleged safety violations that occurred years prior to its ownership of the refinery.