Carrie Salls News
Intel asks court to dismiss consolidated product liability lawsuits over processors
PORTLAND, Ore. (Legal Newsline) – Intel Corp. is asking the U.S. District Court for the District of Oregon to dismiss a consolidated product liability class-action lawsuit filed against it, according to a motion filed Oct. 25.
Federal court: Chromadex immune from competitor's lawsuit over anti-aging supplement
NEW YORK (Legal Newsline) – The U.S. District Court for the Southern District of New York ruled on Jan. 3 that Chromadex Inc. is immune from being named in a lawsuit filed by competitor Elysium Health Inc. in a suit over an anti-aging dietary supplement.
New York judge allows partial dismissal of Atkins Nutritionals false labeling suit
BROOKLYN, N.Y. (Legal Newsline) – A class action lawsuit claiming that Atkins Nutritionals Inc. mislabeled some of its food products was dismissed by a federal court, although the court gave the lead plaintiff the option to amend some of the claims referring to the product’s alleged impact on blood sugar levels.
Mustard maker says class action over preservatives against it fails
BROOKLYN, N.Y. (Legal Newsline) – Beaverton Foods Inc. is asking the U.S. District Court for the Eastern District of New York to dismiss a class action lawsuit over allegations of false advertising related to its Inglehoffer Original Stone Ground Mustard.
Texas Supreme Court reverses ruling in malpractice case over infant's birth injuries
AUSTIN, Texas (Legal Newsline) – The Texas Supreme Court said in a Dec. 21 opinion that the parents of a baby born at Texas Health Presbyterian Hospital of Denton must prove willful and wanton negligence under the Texas Medical Liability Act’s emergency-medical care provision in their suit against the hospital and a physician.
Tennessee Supreme Court: Patient allowed to sue MedicOne after signing waiver
NASHVILLE (Legal Newsline) – The Supreme Court of Tennessee ruled in a Dec. 20 opinion that, based on the wording and circumstances surrounding the accident, an agreement signed by a rehabilitation center patient who fell getting into a van operated by a third-party medical transportation company does not prohibit the patient from suing the transport company.
N.J. court: Trustee for Ponzi scheme company right to initiate arbitration
TRENTON, N.J. (Legal Newsline) – The receiver for Osiris Fund LP’s decision to file for arbitration to resolve claims filed against Osiris securities trading platform Interactive Brokers LLC and Interactive Brokers employee Kevin Michael Fisher was upheld on appeal by the Superior Court of New Jersey, Appellate Division in a Dec. 31 opinion.
New York Court of Appeals: NYPD does not have to turn over department personnel records
ALBANY, N.Y. (Legal Newsline) – The state of New York Court of Appeals ruled in a Dec. 11 opinion that the New York City Police Department does not have to turn over personnel records requested by the New York Civil Liberties Union under the Freedom of Information Law (FOIL).
Medical malpractice case against Southern New Hampshire Medical Center revived by N.H. Supreme Court
CONCORD, N.H. (Legal Newsline) – The Supreme Court of New Hampshire overturned a superior court ruling that dismissed a medical malpractice case filed against Southern New Hampshire Medical Center, Eliot Hospital and three doctors, according to a Dec. 21 opinion.
Alabama high court orders dismissal so case over sports complex can be moved to Missouri court
MONTGOMERY, Ala. (Legal Newsline) – The Supreme Court of Alabama granted a request by a Missouri construction company to vacate an order that denied its motion to dismiss the case over allegations of improper venue.
Elementis Chemicals loses appeal in Calif. asbestos case regarding wrongful death damages
LOS ANGELES (Legal Newsline) – The Court of Appeal of the State of California, 2nd Appellate District upheld an order granting an award in a personal injury and loss of consortium case filed against Elementis Chemicals Inc. in an asbestos injury suit, according to an opinion certified for publication on Nov. 1.
California court: AMN Healthcare contract injunction protects nurse recruiters
SAN DIEGO (Legal Newsline) – The California Court of Appeal, 4th Appellate District said in a Nov. 1 opinion that the Superior Court of San Diego County was right to rule in favor of four former AMN Healthcare Inc. temporary nurse recruiters in connection with enforcement of a confidentiality and non-disclosure provision (CNDA) in AMN’s contract.
California appeals court clears up GNC fee payment dispute in actor's lawsuit
LOS ANGELES (Legal Newsline) – A California appellate court has reversed a lower court's order that denied an actor's motion for attorneys fees in a legal battle with a health and nutrition company.
Mass. Court of Appeals reverses summary judgment in employee's discrimination claim against Boston
BOSTON (Legal Newsline) – The Massachusetts Court of Appeals reversed a Superior Court order entered in favor of the city of Boston in an employment discrimination case but upheld the lower court’s decision to rule for the city on plaintiff Priscilla Flint’s constructive discharge and breach-of-contract allegations.
Michigan appeals court upholds $8M verdict, damages cap in Goodyear case
LANSING, Mich. (Legal Newsline) – The Michigan Court of Appeals upheld rulings denying Goodyear Tire & Rubber Co.’s request to set aside a jury verdict in a case involving liability for a man who was allegedly paralyzed in a car accident because of a tire defect, as well as an order related to the amount of damages awarded to the victim’s estate.
Trucking company not liable for hitting addict who wandered onto 'dark Louisiana highway'
JACKSON, Miss. (Legal Newsline) – The Supreme Court of Mississippi upheld a jury verdict that absolved Total Transportation of Mississippi LLC and its employee, Will Gates, for blame in an accident in which Gates struck a pedestrian who wandered onto the highway, according to an Oct. 25 opinion.
Actor trying again to sue over use of his picture in TV ad, but HomeAdvisor says claims should be tossed
CHICAGO (Legal Newsline) – HomeAdvisor Inc., ANGI Homeservices Inc. and Hawthorne Direct LLC asked the U.S. District Court for the Northern District of Illinois to dismiss an amended version of a lawsuit filed against them, saying the plaintiff still has not proven his claims.
Federal judge sends case over unsolicited emails back to California state court
SAN FRANCISCO (Legal Newsline) – A class-action lawsuit filed by plaintiffs who allegedly received unsolicited emails from Fluent LLC and other defendants will be sent back to the San Francisco Superior Court of California, according to a Sept. 13 ruling from U.S. District Judge Maxine Chesney of the U.S. District Court for the Northern District of California.
Nevada Supreme Court: Workers' Comp only recourse for Harrah's employee who suffered stroke
CARSON CITY, Nev. (Legal Newsline) – The Supreme Court of the State of Nevada upheld a ruling by the Eighth Judicial District Court, Clark County that granted a summary judgment in favor of Harrah’s Las Vegas LLC and Caesars Entertainment Corp. in a lawsuit filed by an employee who suffered a stroke on-the-job at Harrah’s, according to a Sept. 13 opinion.
Newspapers fight Md. law on political ads; Attorney said lawmakers 'didn't care' about free speech concerns
Newspapers like the Washington Post and the Baltimore Sun filed a lawsuit Aug. 17 against the members of the Maryland State Board of Elections and Maryland Attorney General Brian Frosh, challenging a new state law that imposes strict guidelines on publishers that publish political advertisements.