Charmaine Little News
Delaware high court rejects appeal in indemnity dispute over wrongful death case
WILMINGTON, Del. (Legal Newsline) – An indemnity dispute between a contractor and its subcontractor was dismissed amid both of their settlement agreements with plaintiffs who first named them as co-defendants.
Boston Scientific must move forward with buying company - even after exec found to have misled FDA
WILMINGTON, Del. (Legal Newsline) – The Court of Chancery of the State of Delaware ruled on Dec. 18 that a company was not entitled to terminate a merger agreement after learning a vice president of the company it agreed to purchase falsified reports.
Indiana Supreme Court rules ambiguous noncompete contract can't be enforced
INDIANAPOLIS (Legal Newsline) – On Dec. 3, the Indiana Supreme Court determined that a nonsolicitation clause in a noncompete agreement is too broad to be enforced in a dispute with a company and its former employee.
New trial or reduced verdict in play for Ford in $40 million asbestos case
WILMINGTON, Del. (Legal Newsline) – The Supreme Court of Delaware has ruled that Ford Motor Co.'s appeal that a $40.6 million ruling in an asbestos case was excessive has merit and has remanded the case back to a lower court for a new trial or remittitur.
Settlement precludes Delaware medical malpractice lawsuit, Supreme Court rules
DOVER, Del. (Legal Newsline) – Christiana Care Health Services Inc. was released from any liability when the woman suing it over allegations of medical negligence signed on to a settlement agreement, the Supreme Court of Delaware ruled on Dec. 2.
Teacher immune from lawsuit over fatal wreck caused by student's trip to McDonald's
MONTGOMERY, Ala. (Legal Newline) – On Dec. 6, the Supreme Court of Alabama granted a Tuscaloosa City Schools teacher’s petition for writ of mandamus under state-agent immunity in a negligence case against her after one of her students was in a car accident that killed a woman and injured her two sons during a trip to McDonald's after class.
New Jersey doesn't have jurisdiction over California man who sold car to N.J. resident, court rules
TRENTON, N.J. (Legal Newsline) – The Superior Court of New Jersey Appellate Division affirmed the dismissal of a New Jersey man's lawsuit over the condition of a vehicle he purchased from a California seller because of lack of personal jurisdiction.
New Jersey DEP case against Alsol can be heard in municipal court
TRENTON, N.J. (Legal Newsline) – The Superior Court of New Jersey’s Appellate Division ruled that municipal courts do have jurisdiction to enforce civil penalties in a lawsuit from the New Jersey Department of Environmental Protection (DEP) under the Spill Compensation and Control Act.
New developments not enough to reinstate pesticides lawsuit against Dole
WILMINGTON, Del. (Legal Newsline) – While a group of plaintiffs claims a handful of new “groundbreaking rulings” should overturn a previous dismissal in their case against Dole Food Co., the Superior Court of the State of Delaware refused to vacate the initial ruling on Nov. 8.
Businessman who allegedly violated 1,000 securities laws is subject to sanctions, Maryland court rules
ANNAPOLIS, Md. (Legal Newsline) – The Court of Special Appeals of Maryland has upheld the disciplinary sanctions imposed on a businessman who allegedly committed more than 1,000 violations of Maryland’s securities laws.
Kansas Supreme Court calls for new trial concerning woman's suit against trust officer over attorney's fees
TOPEKA (Legal Newsline) – The Supreme Court of Kansas ordered a new trial concerning a woman’s lawsuit against her trust officer and his employer that sought more than $250,000 in damages.
Defamation lawsuit against law firm reinstated by Massachusetts court
BOSTON (Legal Newsline) – On Nov. 13, the Massachusetts Court of Appeals reversed a dismissal in a defamation case against a lawyer and his law firm, ruling that a previously applied litigation privilege isn’t relevant in this case.
Lawsuit over fatal fall out of tree stand rejected by Mississippi Supreme Court
JACKSON, Miss. (Legal Newsline) – Parents who filed a lawsuit over death of their son following a deer-hunting accident lost their appeal in the Supreme Court of Mississippi against the retailer that sold the tree stand and fall-arrest system used during the incident.
Arkansas Supreme Court reverses denial of class certification despite some members already receiving pay
LITTLE ROCK, Ark. (Legal Newsline) – After losing their attempt at class certification in a lower court, the plaintiffs prevailed in the Supreme Court of Arkansas as the higher court reversed the denial on Nov. 14.
Doctors suspected of improper marijuana prescriptions lose battle against Colorado health department
DENVER (Legal Newsline) – On Nov. 12, the Supreme Court of Colorado ruled against a group of doctors whom the Colorado Department of Public Health and Environment (CDPHE) referred to the Colorado Medical Board over suspicions that they were not properly certifying patients for the use of medical marijuana.
Arkansas Supreme Court upholds decision to certify class in workers' dispute with company over vacation time
LITTLE ROCK, Ark. (Legal Newsline) – While a welding company claims a group of people suing it should not have been certified as a class, the Supreme Court of Arkansas disagreed and affirmed the ruling that green-lighted the class in the lawsuit on Nov. 14.
Positive cocaine test not reliable reason for Boston PD to deny applicant
BOSTON (Legal Nesline) – The Massachusetts Supreme Court has upheld the Civil Service Commission's decision that the positive result of an applicant's hair drug test was not justification enough to bypass him for employment with the Boston Police Department.
Wrongful death verdict included $500K for loss of household chores
ANNAPOLIS, Md. (Legal Newsline) – On Nov. 1, the Court of Special Appeals of Maryland reversed a $500,000 economic damages award for a woman who said she had lost her late daughter’s services with household chores.
Iowa court rules on case of collision featuring motorcycle and tractor
DES MOINES (Legal Newsline) – The Supreme Court of Iowa vacated an appeals court’s decision that denied the plaintiff’s motion for mistrial and granted her motion for a new trial solely against another defendant in a case over a collision between a motorcycle and a tractor.
Wendy's might still get mistrial in bone-in-burger case as court says lawyer's closing arguments went too far
BOSTON (Legal Newsline) - Fast-food chain Wendy’s was sued after one of its burgers caused extensive damages to a customer’s tooth. but it was the woman’s lawyer who caused controversy - according to the Massachusetts Court of Appeals, which still left open the possibility of a mistrial.