Daniel Fisher News
Judge dismisses biometric privacy case, saying lawyers `skirted close to the line’ of sanctions
CHICAGO (Legal Newsline) - A federal judge in Illinois dismissed a would-be biometric privacy class action after the plaintiff disappeared, saying plaintiff lawyers “skirted close to the line” of sanctions by pursuing the case without properly investigating the claims.
Court rejects landlords’ suit against NY AG over Covid eviction ban
BROOKLYN, N.Y. (Legal Newsline) - Landlords hoping to block a New York statute preventing them from evicting tenants who aren’t paying rent were rebuffed by a federal court that agreed New York Attorney General Letitia James couldn’t be sued over the law.
Appeals court reverses reinstatement of Seattle officer who punched handcuffed woman
SEATTLE (Legal Newsline) -The City of Seattle was correct when it fired a police officer who punched a handcuffed woman in the face and fractured her skull, a Washington appeals court ruled, rejecting the police union’s argument a 15-day suspension was enough.
Missouri court allows woman's lawsuit over brief exposure to heavy metals
KANSAS CITY, Mo. (Legal Newsline) - A Missouri appeals court has allowed a woman to sue Kansas City Power & Light over claims she was exposed to toxic levels of heavy metals during a brief visit to her mother, exposing the utility to liability for emissions from a coal-burning power plant that spread across two states.
Walmart employee can't be sued over slip-and-fall, ruining plaintiffs' strategy
INDIANAPOLIS (Legal Newsline) - An Indiana couple’s attempt to get their lawsuit before a more favorable state court failed, as the Indiana Supreme Court said they couldn’t sue the manager of a Walmart store in addition to the company itself.
Jury will decide if Oregon tourism official was fired for whistleblowing
SALEM, Ore. (Legal Newsline) - Oregon’s highest court has reversed an appeals court’s dismissal of a wrongful-discharge suit by a former state agency official, saying it was up to the jury to decide whether it was reasonable for her to think she was fired for whistleblowing.
Used condoms and skunks: Lawsuit alleging apartment complex was far from 'luxurious' gets second chance
SANTA ANA, Calif. (Legal Newsline) - A California apartment complex may have to defend itself in a lawsuit over claims of false advertising and allowing the property to be littered with dog feces and used condoms after an appeals court reversed a judge’s refusal to certify a class action by disgruntled former tenants.
Johnson & Johnson loses Mississippi fight over AG's talc-labeling lawsuit
JACKSON, Miss. (Legal Newsline) - Federal law doesn’t prevent the state of Mississippi from suing Johnson & Johnson over its failure to put a cancer warning on talcum powder products, the state’s highest court ruled, carving out an independent role for the state in regulating certain cosmetic products.
Lemon law attorneys in California fail to convince court to boost damages, fees
LOS ANGELES (Legal Newsline) - A man who leased a Dodge Charger and sought restitution under California’s lemon law may be able to recover insurance premiums and registration costs after defects emerged in the car, but he can’t win the entire residual value of the vehicle, an appeals court ruled.
Pharmacies, facing opioid trials, point to hundreds of cases in which they didn't sell any drugs
CLEVELAND (Legal Newsline) - National pharmacy chains facing a round of bellwether trials the judge overseeing federal opioid litigation hopes will convince them to negotiate a multibillion-dollar settlement complained they are still named in hundreds of lawsuits by municipalities where they have zero market share.
Judge blocks Prop 65 lawsuits over acrylamide, citing 'unresolved scientific debate'
SACRAMENTO, Calif. (Legal Newsline) - A federal judge has blocked lawyers from suing companies under California’s Proposition 65 over the presence of acrylamide in food, saying it is far from settled science the naturally occurring chemical causes cancer in humans.
Court delays $1.1 million payment to lawyers until class redeems coupons
SAN DIEGO (Legal Newsline) - In a victory for objectors who complain that class-action settlements too often feature cash fees for the lawyers but worthless coupons for their clients, a federal judge has put a law firm’s million-dollar fee on hold until he sees how many coupons consumers actually redeem.
Louisiana Supreme Court tosses $6 million verdict over tugboat-damaged oyster beds
NEW ORLEANS (Legal Newsline) - Louisiana’s highest court reversed a $6 million verdict stemming from the collision of two of the state’s most important industries, oyster fishing and commercial shipping. The court cited unreliable testimony from a plaintiff expert who lacked the proper background to testify that silt from a grounded tugboat decimated oyster production across a large area.
Company that invests in lawsuits just donated $100K to New York's trial lawyers
NEW YORK (Legal Newsline) - A Florida company that advances loans to plaintiffs in personal injury lawsuits has donated $100,000 to the New York State Trial Lawyers Association in a move one tort-reform advocate described as an attempt to influence lawmakers considering tighter regulation of the industry.
'Biggest Loser' star Michaels can sue her lawyers over failed diet supplement deal
LOS ANGELES (Legal Newsline) - Fitness personality Jillian Michaels can sue the law firm Greenberg Traurig over allegedly bad advice she received when she signed conflicting contracts with the “Biggest Loser” TV show and a diet supplement company that later was accused of false advertising.
Navient can't escape Mississippi AG's lawsuit
JACKSON, Miss. (Legal Newsline) - Student-loan servicer Navient can’t escape a consumer protection suit by the Mississippi Attorney General, even though it’s no longer originating loans in the state and argues federal law preempts the AG’s action.
Trial lawyers want $1M payout on insurance policy for canceled convention
WASHINGTON (Legal Newsline) - Venerable insurer Lloyd's of London is facing a courtroom battle against a national association for trial lawyers over its refusal to pay a $1 million claim over a canceled annual convention in Washington D.C.
New York's climate change lawsuit is 'artful pleading' that failed, Second Circuit rules
NEW YORK (Legal Newsline) - A federal appeals court upheld the dismissal of New York City’s climate lawsuit against ExxonMobil and four other major oil companies, saying the city’s “artful pleading” couldn’t hide the fact New York was trying to use state law to regulate international carbon emissions.
Target shooting isn't hunting, Virginia court rules in accidental death case
RICHMOND, Va. (Legal Newsline) - A Virginia statute that grants landowners broad immunity from lawsuits over recreational activities on their property including hunting doesn’t apply in a case where the grandson of the owners accidentally shot to death a woman in a neighboring home, the Virginia Supreme Court ruled.
Objectors say $200M for lawyers in Flint water settlement is way too high
ANN ARBOR, Mich. (Legal Newsline) - Three Flint residents have filed an objection to the $200 million fee plaintiff lawyers want to carve out of the $641 million the State of Michigan and other defendants have agreed to pay to settle lawsuits over lead contamination, saying it is at least three times too high and unfairly penalizes claimants who haven’t hired lawyers.