Top News

Hyland's, others question why class action filed after refunds were issued over teething tablets

NEW YORK (Legal Newsline) – Homeopathic teething remedy makers and sellers Hyland’s, Standard Homeopathic, CVS Pharmacy and Target asked the U.S. District Court for the Southern District of New York to dismiss a consumer class action lawsuit filed against them on Sept. 15.

Privacy claims to proceed against Golden State Warriors and Signal360 over app

SAN FRANCISCO (Legal Newsline) – A mobile app privacy lawsuit will proceed against two of the three named defendants, according to an order filed Nov. 20 by the U.S. District Court for the Northern District of California.

Cigar Emporium loses appeal tied to New Jersey township smoking ordinance

TRENTON, N.J. (Legal Newsline) – Sparroween LLC, which does business as Cigar Emporium, and Richard Yanuzzi lost their fight against the Township of West Caldwell's municipal smoking ordinance when the Superior Court of New Jersey Appellate Division upheld a lower court ruling in a Nov. 14 opinion.

Backpage.com asks court to dismiss latest complaint related to alleged sex trafficking

BOSTON (Legal Newsline) – Backpage.com LLC, Carl Ferrer, Michael Lacy and James Larkin are asking the U.S. District Court for the District of Massachusetts to dismiss a lawsuit filed June 12 against them by three Jane Doe plaintiffs who allege that the defendants’ website was used to force them to participate in sex trafficking.

Attorney: Lakers' TCPA lawsuit coverage appeal loss likely won't affect future filings

In an Aug. 23 split decision, the U.S. Court of Appeals for the Ninth Circuit upheld a district court order dismissing a case filed by Los Angeles Lakers Inc. against Federal Insurance Co. when the team attempted to obtain insurance coverage in defense of a Telephone Consumer Protection Act lawsuit.

Insurer can't recover $465K it spent fighting med-mal case; Ala. SC says statute of limitations had tolled

MONTGOMERY, Ala. (Legal Newsline) – The Alabama Supreme Court has overturned a Shelby Circuit Court summary judgment that awarded Benchmark Insurance Co. $465,000 in its indemnification lawsuit filed against a pharmacist employed by Southern Medical Inc.

Doctor fighting sexual abuse lawsuit doesn't have to turn over previous complaint

MONTGOMERY, Ala. (Legal Newsline) – The Alabama Supreme Court has granted a petition filed by a doctor who didn't feel required to turn over a sexual abuse complaint to a separate patient who sued him.

Maryland federal court: Joseph Saveri Law Firm doesn't have to pay $1.2M antitrust litigation referral fee

BALTIMORE (Legal Newsline) – Joseph Saveri and his Joseph Saveri Law Firm Inc. will not be required to pay a 12.5 percent, $1.2 million referral fee to Michael E. Criden PA in connection with the firms’ work on titanium dioxide antitrust litigation, according to an opinion entered Sept. 7 by the U.S. District Court for the District of Maryland.

Duty free stores at Dulles Airport win at Va. SC; Decision significant for Import-Export Clause

RICHMOND, Va. (Legal Newsline) – The Virginia Supreme Court on Aug. 24 reversed a circuit court ruling against Dulles Duty Free LLC in its challenge of Loudoun County’s attempt to collect a Business, Professional and Occupational License (BPOL) tax on its sales.

Emerson Electric units lose companies' first asbestos trial; Jury orders $300K to meso victim

SPARTANBURG, S.C. (Legal Newsline) – An attorney for a former nuclear plant employee with mesothelioma said a $300,000 Aug. 3 jury verdict against Emerson Electric Co. units Fisher Controls International and Crosby Valve will help other asbestos plaintiffs with claims against the companies..

Calif. SC affirms medical board's investigation of prescription drug records

SAN FRANCISCO (Legal Newsline) – The Supreme Court of California ruled on July 17 that the Medical Board of California did not violate a patients’ rights clause of the state’s constitution when it secured information from the Controlled Substance Utilization Review and Evaluation System (CURES) regarding patients who had been prescribed a controlled substance without a court order allowing the release of the information.

Accident victim gets new trial in Arkansas amid allegations of defense misconduct

LITTLE ROCK, Ark. (Legal Newsline) – A case related to back injuries allegedly sustained in an automobile accident is headed for a new trial following a ruling made by the Supreme Court of Arkansas on May 11.

Foreclosure action involving fill-in judge upheld by Montana high court

&&& HELENA, Mont. (Legal Newsline) – The Supreme Court of the state of Montana said a retired judge who was temporarily hearing some cases in the District Court of the 11th Judicial District, in and for the County of Flathead was right to grant summary judgment to Capital One, NA in a mortgage foreclosure proceeding.

De-recognized Dartmouth fraternity loses another round in frat house zoning fight

CONCORD, N.H. (Legal Newsline) – A de-recognized fraternity at Dartmouth College lost yet another round in a dispute with the town of Hanover related to the zoning status of its house when the Supreme Court of New Hampshire ruled April 11 that the house was no longer “grandfathered” to comply with updated zoning regulations.

Late notice deemed to be no issue in D&O insurance coverage case

ANNAPOLIS, Md. (Legal Newsline) – National Union Fire Insurance Co. of Pittsburgh, Pennsylvania has lost its appeal of a Maryland decision that hinged on whether late notice of a Racketeer Influence and Corrupt Organizations case against Fund for Animals Inc. (FFA) hurt National Union in related litigation. 

Expert: Moose Munch packaging lawsuit not Harry & David's first

NEW YORK (Legal Newsline) – A class action lawsuit filed against Harry and David LLC is part of a growing trend of litigation related to the amount of actual product contained in consumer packaging, according to the executive director of truthinadvertising.org.

Spokeo impact remains to be seen as lawsuits over N.J. law advance

A recent class action lawsuit filed against Facebook Inc. in connection with the social media site’s requirement that users agree to the company’s conditions is one of many suits being filed under New Jersey’s Truth-in-Consumer, Contract Warranty and Notice Act (TCCWNA).

Official: MTBE contamination cleanup left Rhode Island 'out a lot of money'

PROVIDENCE, R.I. (Legal Newsline) – Although a lawsuit filed by Rhode Island Attorney General Peter F. Kilmartin and the Rhode Island Department of Environmental Management (DEM) against 34 gasoline manufacturers is still in its early stages, similar cases filed in other jurisdictions have resulted in positive results for plaintiffs looking to recover the costs related to the cleanup of gasoline additive methyl tertiary butyl ether (MTBE).

Fight over airline e-cigarette ban focuses on 'agency overreach'

WASHINGTON (Legal Newsline) – Competitive Enterprise Institute (CEI) and the Consumer Advocates for Smoke-free Alternatives Association (CASAA) are continuing their fight against a final rule enacted by the U.S. Department of Transportation (DOT) that prohibits the use of electronic cigarettes on airplanes. The groups have filed an opening brief in response to a petition for review of the rule that was filed in April.

Appeals court poised to weigh in on class certification criteria debate

?SAN FRANCISCO (Legal Newsline) – Rulings to be made by the U.S. Court of Appeals for the Ninth Circuit on cases related to class certification could have a significant impact on a split between federal court stances on how strict the criteria for certification should be, especially for suppliers of dietary supplements faced with lawsuits in California courts.