Daniel Fisher News
Malpractice plaintiff can't reopen case without returning $1.2 million settlement
FRANKFORT, Ky. (Legal Newsline) - A woman who settled part of her medical malpractice lawsuit for $1.2 million can’t drag the settling defendants back into the case while refusing to return the money, a Kentucky appeals court ruled.
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Florida court upholds R.J. Reynolds' victory; Plaintiff shredded medical records prior to suing
WEST PALM BEACH, Fla. (Legal Newsline) - A Florida appeals court upheld a defense victory for RJ Reynolds in a case where the plaintiff told his law firm he’d shredded his wife’s medical records shortly before he sued the cigarette maker for causing her fatal cancer.
Alleged shakedown lawyer loses another round of litigation with Arizona's attorney general
PHOENIX (Legal Newsline) - An Arizona appeals court upheld the dismissal of disbarred attorney Peter Strojnik’s lawsuit against Attorney General Mark Brnovich and an order of sanctions against Strojnik for filing more than 1,700 disability lawsuits to allegedly shake down defendants for fees.
Washington court allows climate protestor to argue it was a 'necessity' to block train carrying oil and coal
OLYMPIA, Wash. (Legal Newsline) - A climate protester who blocked train tracks to prevent oil and coal from being transported through Spokane, Washington will be able to argue he had no other choice because other efforts to change energy policy failed, the Washington Supreme Court ruled in a decision that could protect other protesters from criminal prosecution under the so-called “necessity defense.”
Apartment complex must fight rape lawsuit as suspect faces trial
MONTGOMERY, Ala. (Legal Newsline) - The owners of an Alabama apartment complex lost their plea to delay a lawsuit over a rape on their premises until after the alleged perpetrator is tried. The Alabama Supreme Court, in a decision that drew a sharp dissent, ruled that a trial court erred by issuing a stay on discovery in the civil case until the criminal case is resolved.
Lawsuit blaming electric meter for hair loss, 'brain fog' fails at Virginia Supreme Court
Lawsuit blaming electric meter for hair loss, 'brain fog' fails at Virginia Supreme Court
Court decides whether lumber needed a cancer warning
RICHMOND, Va. (Legal Newsline) - A man who claimed he contracted nasal cancer because Georgia-Pacific and Weyerhauser failed to put warning labels on lumber lost his case after a federal appeals court agreed that “state-of- the-art” knowledge at the time didn’t support the conclusion sawdust was carcinogenic.
Beware Utahns: Your neighbor could win civil damages if you flip them off
SALT LAKE CITY (Legal Newsline) - A Utah man who placed critical signs in his yard and repeatedly confronted the owner of a mental-health facility in his neighborhood could be liable under the state’s anti-stalking law, the Utah Supreme Court ruled, reversing a lower court that found the man’s behavior wasn’t threatening to a reasonable person and was protected by the First Amendment.
$1.1 billion opioid settlement encourages New York to appease other gov't plaintiffs - and their private lawyers
NEW YORK (Legal Newsline) - New York Attorney General Letitia James announced a $1.1 billion settlement of litigation against the three biggest opioid distributors that provides a likely model for a reported $26 billion national settlement and also includes a $70 million payday for private lawyers who represented cities and counties and will now urge their clients to sign off on the deal.
Glock-toting Wisconsin judge suspended by Wisconsin Supreme Court; Dissenters blame fear of guns
MADISON, Wis. (Legal Newsline) - A judge who repeatedly berated defendants and twice brandished a Glock handgun in his courtroom deserved sanctions for his behavior, the Wisconsin Supreme Court has ruled.
3M battles huge phantom docket in military earplug litigation
PENSACOLA, Fla. (Legal Newsline) - Plaintiff lawyers tout litigation against 3M over its Combat Arms 2 military earplugs as “the biggest MDL class action in American history,” with a “mind-blowing” 230,000 claimants.
Hospital to face lawsuit over mom who passed HIV to son
WILMINGTON, Del. (Legal Newsline) - A Delaware hospital must defend itself against claims it is responsible for a mother’s transmission of HIV to her son during birth and it can’t present expert testimony that the baby was most likely infected while still in the mother’s womb.
Woman burned by 'miracle lamp' loses case against acupuncturist, but manufacturer must pay
HARTFORD, Conn. (Legal Newsline) - A woman who won a $1 million jury award over burns she suffered while being treated with a “miracle lamp” in an acupuncture salon had the verdict against the salon tossed out but an appeals court upheld a products-liability claim against the lamp’s manufacturer.
Georgia court determines there's a 10-year window to bring asbestos claims
ATLANTA (Legal Newsline) - A Georgia appeals court ruled that the state’s 10-year statute of repose applies to a lawsuit against a manufacturer accused of selling asbestos-contaminated talcum powder, although the decision left plaintiffs a narrow window to argue the company misled consumers through fraud.
Connecticut Supreme Court rejects damages claim for so-far healthy plaintiffs in asbestos lawsuit
HARTFORD, Conn. (Legal Newsline) - The Connecticut Supreme Court upheld the dismissal of a medical-monitoring lawsuit on behalf of workers who had been exposed to asbestos during a reconstruction project, saying they failed to provide enough evidence showing they’d suffered some type of injury from the incident.
Driver run over while hot-wiring truck at work gets second chance at lawsuit
MONTGOMERY, Ala. (Legal Newsline) - An Alabama man who was injured after he hot-started a truck and it ran him over, crushing his leg, will get a second chance at a jury trial after the Alabama Supreme Court said a trial judge improperly dismissed his case.
$5.5 million California asbestos verdict reversed; Wrong state's laws were used
A California appeals court reversed a $5.5 million verdict awarded to the family of a pipefitter who died of mesothelioma, saying the trial judge improperly instructed jurors to apply California’s standard of proof in asbestos cases when they should have used the stricter Michigan standard.
Private lawyers take $27 million slice of New York's $260 million opioid settlement
Two private law firms with a pattern of heavy donations to state and local politicians will collect up to $27 million of the $260 million Johnson & Johnson is paying the State of New York and county governments to settle opioid litigation.
Opioid makers lose key ruling in California as they seek records to help defense
LOS ANGELES (Legal Newsline) - A California appeals court rejected an attempt by Johnson & Johnson and other opioid makers to obtain millions of patient records they said they needed to defend against lawsuits by Los Angeles and other counties.
Mayor loses lawsuit over fake Barstool Sports interview
BOSTON (Legal Newsline) - The mayor of Somerville, Mass.. lost his bid to sue Barstool Sports after one of its writers hoodwinked him into agreeing to a recorded interview by claiming to work for the Boston Globe.