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Charmaine Little News

Arizona Supreme Court upholds dismissal of suit against Medtronic, citing preemption under federal law

By Charmaine Little | Jan 9, 2019

PHOENIX (Legal Newsline) – The Supreme Court for the State of Arizona held on Dec. 18 that federal law does block a lawsuit arising from allegations concerning the state’s common law failure-to-warn claim after a medical device company allegedly didn’t inform the Food and Drug Administration about unfavorable conditions in a medical device.

Arizona Supreme Court says law of state where Workers' Comp was paid determines assignment rights

By Charmaine Little | Jan 9, 2019

PHOENIX (Legal Newsline) – Because a woman was awarded Workers’ Compensation benefits in a different state that doesn’t have automatic assignment provision, on Jan. 2, the Supreme Court for the State of Arizona reversed the decisions of two lower courts.

Supreme Court of Ohio reverses $800,000 judgment in defamation case, rules caps on damages apply

By Charmaine Little | Jan 7, 2019

COLUMBUS, Ohio (Legal Newsline) – On Dec. 7, the Supreme Court of Ohio reversed an $800,000 judgment in compensatory damages in a defamation case.

New Jersey Supreme Court reverses dismissal of discrimination suit filed by owner of group home

By Charmaine Little | Jan 7, 2019

TRENTON, N.J. (Legal Newsline) – In a case where a group of people allegedly attempted to interfere with the purchase of a group home for autistic individuals, the Superior Court of New Jersey reversed an order that dismissed the New Jersey Law Against Discrimination (LAD) case on Dec. 10.

Mississippi Supreme Court reverses order requiring attorneys' signatures on settlement

By Charmaine Little | Jan 3, 2019

JACKSON, Miss. (Legal Newsline) – On Dec. 13, the Supreme Court of Mississippi decided that a lower court abused its discretion when it enforced an order that required the signatures of two attorneys on a settlement agreement.

Delaware court denies Fitbit's motion to dismiss insider trading suit

By Charmaine Little | Dec 31, 2018

WILMINGTON, Del. (Legal Newsline) – A handful of Fitbit stockholders’ breach of fiduciary duties case against members of the company’s board of directors survived dismissal in the Court of Chancery of the State of Delaware on Dec. 14.

Alabama Supreme Court reverses summary judgment ruling in case over fire at body shop

By Charmaine Little | Dec 31, 2018

MONTGOMERY, Ala. (Legal Newsline) – On Dec. 7, the Supreme Court of Alabama reversed a decision for summary judgment in a case over a fire at an auto body shop.

Michigan court gives green light to physician's testimony in malpractice case

By Charmaine Little | Dec 31, 2018

LANSING, Mich. (Legal Newsline) – A physician’s expert opinion in an ongoing medical malpractice lawsuit following a diagnosis got the green light in the State of Michigan Court of Appeals on Dec. 3.

Alabama Supreme Court upholds dismissal of state's case against Volkswagen AG over tampering claims

By Charmaine Little | Dec 27, 2018

MONTGOMERY, Ala. (Legal Newsline) – The Supreme Court of Alabama determined one of the state of Alabama’s claims against Volkswagen AG was blocked by the Clean Air Act and affirmed a lower court’s dismissal of the complaint on Dec. 14.

Florida Supreme Court justice 'strongly' urges judges to get off Facebook

By Charmaine Little | Dec 4, 2018

TALLAHASSEE, Fla. (Legal Newsline) – A Facebook friendship between a judge and an attorney isn’t enough to legally disqualify the judge from ruling on the case, the Supreme Court of Florida decided on Nov. 15.

Court finds SciMedica Group, Cephalon did have permission to send faxes

By Charmaine Little | Nov 20, 2018

PHILADELPHIA – A federal judge in Pennsylvania ruled that the defendants in a case over a fax sent to a doctor did in fact have permission to send it and granted their motions for summary judgment.

Washington Supreme Court reinstates ruling in favor of school in student's saw injury case

By Charmaine Little | Nov 20, 2018

OLYMPIA, Wash. (Legal Newsline) – The Supreme Court of the State of Washington ruled on Nov. 1 that since school districts aren’t expected to fulfill a heightened duty of care, a jury’s verdict that found the school district negligent but not the cause of the woman’s injuries should be reinstated.

Wash. SC allows asbestos claim to proceed against Pfizer, adopts apparent manufacturer doctrine

By Charmaine Little | Nov 20, 2018

OLYMPIA, Wash. (Legal Newsline) – On Nov. 1, the Supreme Court of the State of Washington adopted the apparent manufacturer doctrine in a case concerning a man’s exposure to asbestos products that allegedly ultimately led to his sickness and passing.

Virginia Supreme Court says vicarious liability claim should not have been dismissed in Carilion Clinic suit

By Charmaine Little | Nov 16, 2018

RICHMOND, Va. (Legal Newsline) – The Supreme Court of Virginia has only partially agreed with a woman who accused a health care group of revealing her confidential medical information to other parties.

Ohio SC reinstates lawsuit against NCAA, Notre Dame over concussions

By Charmaine Little | Nov 16, 2018

COLUMBUS, Ohio (Legal Newsline) – On Oct. 31, Justice Judith L. French of the Supreme Court of Ohio wrote that a family’s negligence claims against the University of Notre Dame are not time-barred.

911 surcharge fees are taxes, Minnesota Supreme Court rules in False Claims Act case

By Charmaine Little | Nov 16, 2018

ST. PAUL, Minn. (Legal Newsline) – The idea that fees associated with certain telecommunications calls, such as 911 services, are indeed taxes, is what caused Minnesota’s Supreme Court to dismiss a case over allegations companies were purposefully not paying fees and surcharges owed to the state.

Michigan Court of Appeals says lower court erred regarding testimony in case over MRI back injury

By Charmaine Little | Nov 15, 2018

LANSING, Mich. (Legal Newsline) – On Oct. 30, Michigan’s Court of Appeals determined a lower court erred when it granted a summary disposition and reversed and remanded the ruling in a suit filed by man who was allegedly injured during an MRI.

New Jersey court affirms dismissal of sexual harassment suit, citing arbitration agreement

By Charmaine Little | Oct 16, 2018

TRENTON, N.J. (Legal Newsline) – The Superior Court of New Jersey’s Appellate Division dismissed a woman’s sexual harassment claims against a former employer, backing a lower court’s ruling that an arbitration agreement is enforceable on Aug. 23.

Cab company not liable for driver's death; He was shot by a passenger after threatening phone calls

By Charmaine Little | Oct 11, 2018

RICHMOND, Va. (Legal Newsline) – On Sept. 27, the Supreme Court of Virginia ruled a cab company wasn't responsible for the death of a driver after he was shot by a passenger.

Ohio Supreme Court sends asbestos case back to trial court to determine if plaintiff is a smoker

By Charmaine Little | Oct 10, 2018

COLUMBUS, Ohio (Legal Newsline) – On Sept. 27, the Supreme Court of Ohio reversed an appeals court judgment that denied Union Carbide Corp.’s motion for administrative dismissal amid a case that challenges whether a man’s alleged smoking status contributed to his lung cancer diagnosis.

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