Daniel Fisher News
Arizona court revives data breach class action that federal court dismissed
PHOENIX (Legal Newsline) - An Arizona woman is free to pursue a class action over a data breach at a medical center after a state appeals court said a federal judge’s dismissal of the case with prejudice, meaning it can’t be refiled in federal court, doesn’t mean it can’t proceed in state court instead.
Sued over fall on ice, truck stop gets victory in Illinois appeals court
OTTAWA, Ill. (Legal Newsline) - A truck stop was properly dismissed from a lawsuit by a man who slipped and fell on an icy sidewalk because it had no duty to keep the walk entirely clear of ice, an Illinois appeals court ruled. Only if employees tried to clear the walk and created an “unnatural accumulation” of snow and ice would the station be liable, the court said.
Louisiana high court slashes $1.9M verdict to man who bear-hugged a huge, out-of-control fire extinguisher
The Louisiana Supreme Court slashed a judge’s award of $1.9 million in damages to a man who “bear-hugged” a 245-pound fire extinguisher cylinder and accidentally caused it to discharge, creating a spinning menace that left him with extensive injuries and psychological trauma.
SEC can't avoid court in constitutional challenge to its structure
NEW ORLEANS (Legal Newsline) - The Securities and Exchange Commission can’t prevent a federal court from hearing a constitutional challenge to how it operates, the Fifth Circuit Court of Appeals ruled, in a strong rebuke to the concept of “independent” administrative agencies that are insulated from political pressure as well as judicial oversight.
Delaware Supreme Court breathes new life into fight over Biden documents
DOVER, Del. (Legal Newsline) - The Delaware Supreme Court gave two conservative watchdog groups another chance at gaining access to a trove of documents detailing President Joseph Biden’s 36-year career in the U.S. Senate, ruling state officials improperly denied a Freedom of Information Act Request.
Biden Admin asked to offer its opinion on massive Roundup weedkiller litigation
In a hopeful sign for Bayer as it fights tens of thousands of lawsuits over Roundup weedkiller, the U.S. Supreme Court has asked for the government’s opinion on a $25 million jury verdict the chemical company says should have been preempted by federal law.
Weyerhaeuser escapes $15 million jury verdict over smelly joists
DENVER (Legal Newsline) - A Colorado appeals court reversed a $15 million jury verdict against Weyerhaeuser over wood trusses that smelled of formaldehyde, finding a home building company wasn’t entitled to extra damages beyond what were provided under warranty, citing the economic loss doctrine preventing double recoveries.
PAGA case against Alaska Airlines moves on without $25 million ruling
SANTA ANA, Calif. (Legal Newsline) - Alaska Airlines must provide detailed wage statements to flight attendants who are based in California even if they spend most of their time in the air over other states, a California appeals court ruled, citing a 2020 decision by the California Supreme Court. The court reversed $25 million in penalties against the airline, however, saying the trial court misapplied state law.
School district must pay $500K after deleting possible video evidence of abuse
SEATTLE (Legal Newsline) - A Washington school district must pay $500,000 to a child who said an elementary school classmate abused him because it failed to preserve video evidence that may or may not have proved the boy’s claims, an appeals court ruled.
Parents frustrated by loud house during COVID remote learning lose lawsuit
INDIANAPOLIS (Legal Newsline) - An Indiana couple who sued their local school district and the health department because their children were required to attend remote learning in a crowded house with an incessantly squealing guinea pig had no basis for their lawsuit, an appeals court has ruled.
Court to class action lawyers: Beware the publicity you seek
DENVER (Legal Newsline) - Lawyers who held a news conference to announce a proposed class action against a chain of nail salons can be sued for defamation over their claims workers were shortchanged on pay and forced to clean bathrooms for free, a Colorado appeals court ruled.
Connecticut town not liable for teacher's sexual abuse of football players
HARTFORD, Conn. (Legal Newsline) - A Connecticut judge properly dismissed a town from lawsuits by three high school football players who sued over a teacher’s sexual abuse of them, the state supreme court ruled, citing sovereign immunity and a lack of evidence school officials had reason to suspect what was going on.
Catholic Church must face lawsuit over gay teacher's firing
INDIANAPOLIS (Legal Newsline)- The Catholic Church can’t avoid a lawsuit by a gay teacher who was fired after the archbishop enforced a strict “morals clause” on his school, an Indiana appeals court ruled, reversing a trial judge’s dismissal of the case on First Amendment grounds.
Special Olympics-hopeful gets second chance to pursue discrimination allegations
WILMINGTON, Del. (Legal Newsline) - A young man who failed an eye examination needed to participate in the Special Olympics deserves another hearing on whether the Delaware Human Rights Commission improperly rejected his parents’ complaint of discrimination.
Utah Supreme Court expands liability for asbestos defendants
SALT LAKE CITY (Legal Newsline) - Companies can be liable for “take-home” asbestos exposure if they require their employees to work around asbestos or exert sufficient control over contractors who place their workers in harm’s way, the Utah Supreme Court ruled.
More clients sue Hagens Berman over failed birth defect lawsuits
PHILADELPHIA (Legal Newsline) - Prominent plaintiff law firm Hagens Berman has been sued by more of its clients who claim they were shoved aside by their lawyers after serious ethical concerns emerged in how the firm handled lawsuits over the banned drug thalidomide.
Plaintiff lawyers will have to answer for flood of Boy Scouts sex abuse claims before deadline
WILMINGTON, Del. (Legal Newsline) - The judge overseeing the Boy Scouts of America bankruptcy has ordered lawyers who signed thousands of abuse claims to submit to questioning from insurance companies that say many of those claims are poorly substantiated or invalid.
Split opioid trial would be waste of time, Alabama Supreme Court rules
MONTGOMERY, Ala. (Legal Newsline) - The Alabama Supreme Court halted a trial judge’s plan to split trials against opioid manufacturers and distributors into two parts, ruling it would be a waste of judicial resources because jurors would have to hear much of the same evidence twice.
Skateboarder loses $6.5M verdict on evidence he was stoned
TACOMA, Wash. (Legal Newsline) - A skateboarder who won a $6.5 million jury verdict after being hit by a car in a pedestrian crosswalk must go back to court after a Washington appeals court reversed the decision, saying the defense should have been able to present evidence the skateboarder was stoned at the time of the accident.
Constitutional questions remain in sexual abuse cases against North Carolina YMCA
RALEIGH, N.C. (Legal Newsline) - A North Carolina YMCA chapter will get another chance to challenge the application of a law extending the statute of limitations for sexual abuse lawsuits after a court of appeals rejected an attempt to put the question before a three-judge panel the legislature created to decide the constitutionality of state laws.